Moving to new style ESA

hannahleo

Hi I currently receive PIP and ESA (I believe it's the income based support group one) and housing benefit. I am currently privately renting.

I am hoping to move in with my boyfriend in the next few months. He works full time so I'm aware that I wouldn't be able to get the income based ESA anymore or the housing benefit but I've read online that there is a new style ESA that doesn't take your partner's income into account. I was just wondering if anyone had any advice or knew whether it's possible to move from one type of ESA to another or not? I know it says you have to have national insurance contributions for the last few years but I think I have been credited them.

Any advice would be greatly appreciated as I'm feeling quite anxious about this and don't know who to turn to for advice!

poppy123456

No, you won't be able to claim New style ESA because claiming this will totally depend on your NI contributions from working in the previous 2 tax years as you're claim ESA then it's unlikely you would have worked.

Is any part of your current ESA contributions based? If it is then your partner working won't affect this (currently £114.10 per week) If you're unsure then you can ring ESA to ask what exactly your claim is made up of.

If it's all Income Related then you can use a benefits calculator to check entitlement to Universal Credit. You will need to claim as a couple so add your partners details to the calculation. If you claim UC whilst still claiming ESA then you will be entitled to the LCWRA element from the start of your claim. If your PIP includes the daily living part then your partner can claim the Carers element for looking after you.

Benefits calcualtor here. https://www.entitledto.co.uk/benefits-calculator/Intro/Home?cid=23ca1411-c8ff-49c4-9715-d6a6c932aef9

Or you can speak to an advice agency near you for a full benefits check.

PIP won't be affected.

calcotti

hannahleo said:

..ESA (I believe it's the income based support group one) ..

As poppy advises, you need to check whether it is entirely income based or whether some of it is contribution based. if it isn't clear from your award letters you will need to ring ESA to find out.

hannahleo

Hi both, thank you for the reply. I have checked my national insurance records and I have full year national insurance contributions (below). I have looked at my award letter and it is income based and not contributions based that I am on

poppy123456

Those are likely to be NI credits from claiming your ESA which doesn't entitle you to claim New style ESA as advised. If you ring DWP they will tell you exactly what your current ESA is made up of, if you're not sure, letters regarding ESA are never 100% clear.

hannahleo

Ah OK, thank you for your advice. I was hoping there was a glimmer of hope when I read there was a new style ESA. In that case I will have to stay living alone. Thank you for your help.

poppy123456

Have you used a benefits calculator to check entitlement to UC? Just because a partner works, this doesn't mean you won't be entitled to some help and you won't know for certain until you check. You will also have your PIP, which isn't affected.

calcotti

Do as Poppy suggests and use a benefits calculator. Your UC entitled would include the couple allowance, the housing element (if you are still renting) and the LCWRA element (equivalent to ESA Support Group). If your PIP includes the Daily Living part then your partner can get the carer element added too. Because you have LCWRA a Work Allowance would be applied to the claim which means that some of your partner’s earnings would be ignored,

hannahleo

Thank you. I will have another look at the calculator. I just rang the DWP ESA application line and the woman on the phone told me that my class 1 NI contributions still count for new style ESA even if they didn’t come from employment. Can I ask where you saw that it doesn’t count so I can look into this further?
Thanks,
Hannah 

poppy123456

The person you spoke to on the phone is incorrect. This is the problem when people ring DWP for advice they are very often advised incorrectly. When you ring DWP you are ringing a call centre, not DWP itself. They are not trained to give benefits advice, they read from a screen.

As advised, your NI credits alone from claim ESA do not count for new Style ESA.

https://www.gov.uk/guidance/new-style-employment-and-support-allowance

Eligibility

To get New Style ESA you usually need to have been working within the last 2 to 3 years, and have made (or been credited with) Class 1 or Class 2 National Insurance contributions.

This can be through employment or self–employment.

If you’re not sure how much National Insurance you’ve paid, you can check your National Insurance record online.

Therefore, NI credits alone do not qualify you.

calcotti

hannahleo said:

I just rang the DWP ESA application line and the woman on the phone told me that my class 1 NI contributions still count for new style ESA even if they didn’t come from employment. 

They are Class 1 Credits you have been receiving, not contributions. You need to be employed to earn contributions.

It is correct that the credits count for new style ESA but they are not sufficient to meet both qualifying conditions. The conditions are that you have two complete years of credits or contributions (which you would meet) and also that on one of the years you have at least 26 weeks of contributions (which you would fail).

https://www.entitledto.co.uk/help/employment-and-support-allowance-contribution-based

hannahleo

OK thank you. I checked an online benefits calculator and I wouldn’t be entitled to anything else if I moved in with my partner so it looks like it won’t be an option for me

poppy123456

Are you sure your ESA is all Income Related? The letters they send are extremely difficult to read, even for myself who has a good understanding of the benefits system. If you ring ESA they will be able to confirm what exactly your ESA is made up of.

hannahleo

I called up to check again and I was told that I’m actually on the combined (Income related and contribution based) The woman told me I can fill out a change of circumstances form and that I would loose my income related but keep the contribution based which is the same amount as the new style. Hopefully this is correct and if so is a huge relief! Thanks for your help

calcotti

That is correct. You should continue to receive £114.10/week.

hannahleo

Thank you both so much, you’ve been a great help 😊

poppy123456

This just proves how difficult it is to read those ESA letters. Glad it's now sorted