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Does New Style ESA trigger Universal Credit?

robynj

I recently applied for New Style Employment and Support Allowance, as I’ve been struggling with my mental health and my autism makes it hard for me to work (I worked up until last year, but with lots of problems). However, I’m now worried that this might trigger a claim for Universal Credit. My wife and I receive Child Tax Credits for our four children, and really want to stay on tax credits, as we wouldn’t be entitled to Universal Credit, because we have some savings. I had thought it was only income-related ESA that would trigger UC, but looking into it some more, I’m not sure if contribution based ESA triggers this as well?

I also receive Carers Allowance for my disabled daughter, so ESA wouldn’t be much more unless I am put into the support group. I’ve had the initial call, have been given a payment and I’m about to fill in the Work Capability Assessment form, but now wondering if I’ve made a mistake by applying for this? If so, would it be too late to retract my application?!

Thanks very much

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Comments

poppy123456

No because they are completely different benefits. New style ESA can never be part of UC.

Do be aware though that New style ESA is taxable income.

calcotti

As poppy says new style ESA is taxable income (like Carer’s Allowance) so you must remember to include it when declaring your income for Tax Credits.

When your ESA starts I would expect your CA to stop but you will retain an ‘underlying entitlement’ to it.

Sometime in the next few years you will be told that your Tax Credits will end and you will be allowed to claim UC. The normal savings rules will be waived for 12 months but after that period if your savings exceed £16,000 the UC will stop.

robynj

Thank you both very much, that's really helpful and has put my mind at rest!

poppy123456

If you haven't already looked at the descriptors for the Support Group then you can see them here.https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/support-group-descriptors

New Style ESA is only paid for 1 year unless placed into this group. Do also be aware that backlogs are huge for work capability assessments so you could be waiting several months or more.

robynj

Thanks very much Poppy. I'm hoping for the support group, because as well as my own daughter, I care for my adult step daughter who has a lot of high level mental health needs (ongoing suicide risk, she gets PIP), so I think I would meet the criteria ( regulation 35?) for someone else being at a substantial risk if I was found capable of work related activities (was going to ask my GP for a letter as she knows all about our situation). However - I was hoping to try and start doing a little freelance proofreading work at home (just 4 or 5 hours a week, as that's all I could cope with). If I started doing this (within the permitted work guidelines and informed the job centre) while my ESA application is being assessed, do you think it would count against me with being put into the support group? I was going to just wait, but if it might be months I'd rather start doing a little bit of work sooner, as it helps my own mental health. But at the same time, if it means they'll think that proves I'm capable of work and therefore reduce the chance of being in the support group, I'm not sure if I should...

poppy123456

robynj said:

I care for my adult step daughter who has a lot of high level mental health needs (ongoing suicide risk, she gets PIP), so I think I would meet the criteria ( regulation 35?) for someone else being at a substantial risk if I was found capable of work related activities

Your thoughts here are not correct. The substantial risk will have nothing to do with your step daughter. It needs to apply to you because you're the claimant, not your step daughter. Your caring duties will not be taken into consideration when they assess your ability to work. This is what carers allowance is for.

You can do permitted work while claiming ESA but if the work you do contradicts the reasons why you're claiming then it could go against you.

You must also make sure you don't earn anymore than £143 per week (£152 from April) https://www.gov.uk/government/publications/employment-and-support-allowance-permitted-work-form/permitted-work-factsheet

I'm assuming you must have a health condition yourself which is why you claimed ESA so you need to look at your health and how it affects your ability to do any type of work.

calcotti

poppy123456 said:
I'm assuming you must have a health condition yourself which is why you claimed ESA so you need to look at your health and how it affects your ability to do any type of work.

robynj said:

I recently applied for New Style Employment and Support Allowance, as I’ve been struggling with my mental health and my autism makes it hard for me to work (I worked up until last year, but with lots of problems).

poppy123456

Thanks calcotti, not even sure how i missed that.

robynj

Ok, thanks, I’d obviously misunderstood that!

poppy123456

robynj said:

Ok, thanks, I’d obviously misunderstood that!

That doesn't mean it still doesn't apply it will just depend on how your conditions affect you. Have another read of the link i posted to see if any of the other descriptors apply. You only need to meet one of them (or substantial risk)