Moving from IR ESA to CB ESA

Web

Hi forum Modulators and Members,

I have been severely disabled since childhood. Since leaving university, I have lived in the parental home, rarely able to work. My mental health has deteriorated gradually over the last twenty years.

I currently claim income-rated ESA with Severe Disability Premium and am in the Support Group. I have an on-going PIP award that is paid at the higher rate for both mobility and daily care components.

I have one parent living. Very sadly, she is now terminally ill. When she dies and her will is probated, I will benefit financially from an emotional loss that I cannot sum up. My inheritance will take me well above the £16,000 saving limit for claiming any mean-tested benefit.

I have about 40 years of NI contributions. Would I be entitled to Contributory ESA based on these years of contributions? Would the reported change of circumstance following probate lead me to be moved from IR to CB ESA automatically? Is CB ESA an on-going benefit or paid for a short time only?

I realise that the managed migration of ESA claimants to Universal credited scheduled 2022-24 might make this question more difficult for you to answer that it might once have done. Still, I would be grateful for whatever information you can give.

Thanks, Web

poppy123456

If part of your ESA is contributions based (£117.60 per week) then this isn't affected by savings/capital and will continue to be paid if you're in the Support Group.

If all of your ESA is Income Related then it will stop and unfortunately, you won't be able to claim New style ESA, if you haven't worked in the previous 2 tax years.

Your ESA can continue to pay NI credits towards your state pension, even if you're not entitled to any money. PIP isn't affected.

Alex_Alumni

Thanks for posting today @Web and I hope Poppy's reply has been helpful for you.

You're welcome to have a look around the community if you'd like, you can browse topics using the categories page, or visit the coffee lounge to get to know other members.

If there's anything else we can do to help support you, please do let us know

Alex

poppy123456

If you're not sure what your ESA is made up of then you can ring ESA and ask them.

Web

I’ve just taken a squint at the criteria for New Style ESA. The government site states, “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.”

Note the word “credited”.

My 40 years of contributions are made up of in work contributions and voluntary contributions but mainly NI credits paid whilst on means-tested benefits. Am I correct in thinking because I have been credited NI contributions for many years I am entitled to New Style ESA when my savings exceed £16,000?

Thank to anybody able to help.

Web

poppy123456

No, your thinking is not correct. NI credits alone will not qualify you for New style ESA. If you haven't worked in the previous tax years advised above then you won't qualify. Take a closer look at both conditions because this is what counts.

Best thing to do is ring ESA and ask what exactly your ESA claim is made up of, is it Contributions based with an Income Related top up or all Income Related.

calcotti

The NI requirements are set out here
https://www.entitledto.co.uk/help/employment-and-support-allowance-contribution-based

You cannot meet condition 1 on the basis of credits alone and contributions paid prior to the years considered are not relevant.