12 week rule. I'm struggling at work. I was on CB ESA SG before. Will I be able to go back onto it?

ash5896

Ok, I started working at the end of August thinking I’ll be ok. However I’m really struggling despite the adjustments that have been put in place. Prior to this I was receiving Esa contribution based and was in the support group. I don’t think I can carry on anymore will I be able to go back or am I not allowed now?
thanks in advance. 

calcotti

If it was the old type of ESA you cannot go back onto that, your claim is closed and new claims cannot be made.

However I think you will be able to apply for ‘new style’ ESA and if you are within 12 weeks of the old claim ending your Period of Limited Capability for Work (PLCW) should be treated as continuous and therefore you will pass the NI test. You should also get the Support component from the start of the award.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1031331/admu1.pdf

U1070 When deciding whether the contribution conditions are satisfied, the DM should note that
...
4. “relevant benefit year” means the benefit year which includes the beginning of the PLCW which includes the relevant benefit week
..
7. “PLCW” means a period throughout which a person has, or is treated as having, LCW, excluding periods which are outside the time for claiming (see ADM Chapter A2 (Claims) for guidance on the timefor claiming).

U1311 Claimants do not have to serve waiting days if there is a linking PLCW. There is a linking PLCW when a PLCW is separated from another such period by not more than 12 weeks

If you have more than a 12 week gap the PLCW will not be linked and you will fail the NI test which means that you would not be able to be paid ESA.

poppy123456

If New Style ESA is claimed OP should be aware that there's no Income Related top ups to this so your ESA Support Group award will be £114.10 per week. For any Income Related top up you will need to claim Universal Credit.

If both of the above are claimed together the ESA is deducted in full from any UC entitlement.

If you're claiming housing benefit for help with your rent, this will continue for 2 weeks and then transfer to UC. Unless you're living in supported or temporary housing and then housing benefit will continue.

calcotti

poppy123456 said:

If New Style ESA is claimed OP should be aware that there's no Income Related top ups to this so your ESA Support Group award will be £114.10 per week. For any Income Related top up you will need to claim Universal Credit.

If both of the above are claimed together the ESA is deducted in full from any UC entitlement. 

I had assumed from opening post that OP was not on means tested benefits.

However if both were to be claimed I recommend claiming UC a few days after the new style ESA. Provided the ESA claim is successful and OP is put into the Support Group this will mean that they were in ESA Support Group at start of UC claim and therefore will be entitled to the LCWRA element from the start of UC. If the claim on the same day, or claim UC first they will have to serve the three month UC relevant period before LCWRA become payable.

ash5896

I was receiving contribution based ESA before I started working if that helps. I was not receiving anything else apart from PIP but I’m still getting that. My partner is in full time work

poppy123456

calcotti said:

poppy123456 said:

If New Style ESA is claimed OP should be aware that there's no Income Related top ups to this so your ESA Support Group award will be £114.10 per week. For any Income Related top up you will need to claim Universal Credit.

If both of the above are claimed together the ESA is deducted in full from any UC entitlement. 

I had assumed from opening post that OP was not on means tested benefits.

So did i when i first read it but knowing how many people get confused between CB and Income Related i thought i'd mention it.

ash5896

Ok that’s great thanks guys. Will I need to call them or reapply at the Jobcentre again 

calcotti

ash5896 said:

Ok that’s great thanks guys. Will I need to call them or reapply at the Jobcentre again 

New style ESA is claimed online.
https://www.gov.uk/how-to-claim-new-style-esa

It will be important for you to make clear to DWP that its’s less than 12 weeks since you were receiving ESA.

That means that your claim should be accepted, you should not have to serve the one week waiting period, you should be put straight into the Support Group and should not have to have a new Work Capability Assessment.

Note that you cannot receive ESA if entitled to SSP but I infer you planning to give up your job.

Were you previously getting any means tested ESA top up?

ash5896

calcotti said:

ash5896 said:

Ok that’s great thanks guys. Will I need to call them or reapply at the Jobcentre again 

New style ESA is claimed online.
https://www.gov.uk/how-to-claim-new-style-esa

It will be important for you to make clear to DWP that its’s less than 12 weeks since you were receiving ESA.

That means that your claim should be accepted, you should not have to serve the one week waiting period, you should be put straight into the Support Group and should not have to have a new Work Capability Assessment.

Note that you cannot receive ESA if entitled to SSP but I infer you planning to give up your job.

Were you previously getting any means tested ESA top up?

I’m not sure if I’m entitled to SSP from work as I’m still on the probation period. I am really struggling and even with the adjustments it’s difficult. I really wanted to go back to work but I think I should’ve taken P/T or permitted work to start off with bit work are not allowing me to change or reduce my hours. I’ve been told I can’t claim flexible working as I need to be here for 26 weeks.

poppy123456

Can you please answer this question…

calcotti said:

Were you previously getting any means tested ESA top up?

ash5896

poppy123456 said:

Can you please answer this question…

calcotti said:

Were you previously getting any means tested ESA top up?

No, I just received ESA contribution based which ended when I started working at the end of August and I get PIP other than that I received no other benefits 

calcotti

ash5896 said: I’m not sure if I’m entitled to SSP from work as I’m still on the probation period. 

If you earn more than £120/week you are entitled to SSP as soon as you have started work for an employe (which is tough on the employer).

However if you remain employed and take SSP for the 28 weeks you are entitled then, by the time it ends, you will be outside the 12 week linking period for ESA and a new ESA claim will fail the NI contributions requirement.

ash5896 said: No, I just received ESA contribution based which ended when I started working at the end of August and I get PIP other than that I received no other benefits 

If you are not eligible for means tested benefits due to other household income or savings that means you can ignore earlier advice about UC in this thread.

ash5896

calcotti said:

ash5896 said: I’m not sure if I’m entitled to SSP from work as I’m still on the probation period. 

If you earn more than £120/week you are entitled to SSP as soon as you have started work for an employe (which is tough on the employer).

However if you remain employed and take SSP for the 28 weeks you are entitled then, by the time it ends, you will be outside the 12 week linking period for ESA and a new ESA claim will fail the NI contributions requirement.

ash5896 said: No, I just received ESA contribution based which ended when I started working at the end of August and I get PIP other than that I received no other benefits 

If you are not eligible for means tested benefits due to other household income or savings that means you can ignore earlier advice about UC in this thread.

Thanks for your reply,
So just to clarify would I need to go off sick than just leaving? 

and will lose my entitlement to ESA after the SSP is exhausted. Really don’t know want to do I don’t want to be reliant on ESA or benefits and at the same time I want to work which is difficult. I hope my employer is willing to listen and help by reducing my hours or something at least to let me stay. I don’t want to name the Employer but they try and come across as they are very inclusive with disability but it really doesn’t appear to be. 

calcotti

If you go off sick and receive SSP. SSP is below the lower earnings limit for NI so you get no NI while on SSP. You can apply to HMRC for NI credits while receiving SSP but these are (I think) credits rather than contributions. Therefore by the time the SSP ends you will not be able to claim ESA because you will not meet the NI contributions requirement.

If you leave your job, get a Fit Note from GP and apply for new style ESA within 12 weeks of your old claim ending my understanding is that you will be entitled to new style ESA.

ash5896

calcotti said:

If you go off sick and receive SSP. SSP is below the lower earnings limit for NI so you get no NI while on SSP. You can apply to HMRC for NI credits while receiving SSP but these are (I think) credits rather than contributions. Therefore by the time the SSP ends you will not be able to claim ESA because you will not meet the NI contributions requirement.

If you leave your job, get a Fit Note from GP and apply for new style ESA within 12 weeks of your old claim ending my understanding is that you will be entitled to new style ESA.

Right that makes sense now I understand. I still would rather not leave and will see if they will help reduce my hours if not then I’ll have no option. In the meantime I really appreciate everybody’s feedback. It’s difficult as a disabled person to get a job as it is.

calcotti

I respect your determination to stick it out if you can get reduced hours but bear in mind that once the 12 weeks are up you have lost the opportunity to reclaim ESA until you have worked for at least 26 weeks in one tax year earning above the lower earnings limit (currently £120/week) in order to pass the NI contributions requirement.

ash5896

calcotti said:

I respect your determination to stick it out if you can get reduced hours but bear in mind that once the 12 weeks are up you have lost the opportunity to reclaim ESA until you have worked for at least 26 weeks in one tax year earning above the lower earnings limit (currently £120/week) in order to pass the NI contributions requirement.

Thank you Calcotti
i really want to be in work but as comfortable as I can be.. I’m determined to stick it out and I’m really hoping that they help me reduce my hours.
Hopefully  I’ll be over the threshold even if hours are reduced so wish me ? 

calcotti

If you do spend any time on SSP be aware that you can apply to HMRC to receive NI credits for time on SSP (you don't get them unless you apply) and you will need these to maintain your contributions/credit history - but they will not help with the contributions part of the NI test. 

ash5896

calcotti said:

If you do spend any time on SSP be aware that you can apply to HMRC to receive NI credits for time on SSP (you don't get them unless you apply) and you will need these to maintain your contributions/credit history - but they will not help with the contributions part of the NI test. 

I hope it doesn’t come to that but really appreciate your advice thank you so much