Find out how to let us know if you're concerned about another member's safety.
Reassessment?
Fast forward to now and I am on enhanced daily living PIP and standard mobility PIP. I have started to look at what benefits I might be entitled to and I’ve read a bit more about ESA and the different levels and I believe I should have/should be in the support group due to my disabilities. I wouldn’t be eligible for income based ESA because my partner works (earns 40k)but I wondered if anyone knew if it is possible to have my ESA reassessed to see if I should be in the support group?
Comments
-
I don't know for 100% certain but from my understanding any claim for ESA would be New Style ESA and you'd have to have worked and paid tax in the two previous tax years to be eligible for this.
Universal Credit could be an option but it's income calculated so unlikely you'd be eligible because of your partner's income but depends on your household makeup so doing a benefit calculator would help know for sure.
It would be too late to appeal your old ESA award sadly -
Good morning @ldeves welcome to our great group.
Many of us pop in and out of the site during the day, so hopefully you will be greeted by others when they wake up ha ha. I am sure one of our experts in this field will have the in's and out's to your question.
In the mean time if your able have a look around the site, i will just warn you we have had a few technical issues at the moment but people are on the case.
Any other questions please ask. -
Hi @ldeves
You would not be able to make a new claim for contribution based ESA you would have to claim "new style" ESA - which is essentially the same thing. There are two national insurance contribution conditions, both of which you must meet, to be entitled to “new style ESA”. The first condition depends on the NI contributions you made in the relevant tax year. For the second condition credited NI contributions as well as paid contributions count. I don’t think you satisfy the first condition.
To satisfy the first contribution requirement you must have paid at least 26 weeks of Class I or Class 2 NI contributions on earnings at the lower limit in one of the last two complete tax years before the start of the relevant benefit year. So if you want to claim "new style" ESA now in June 2022 you will meet the first condition if you earned at least £118 pw for 26 weeks between April; 2019 and April 2020 or at least £120 pw for 26 weeks April 2020 and April 2021. From what you say, as you stopped work in 2018 and claimed ESA you do not satisfy this condition.
Online Community Adviser
Concerned about another member's safety or wellbeing? Flag your concerns with us. -
Your original ESA claim from 2018 may still be active after it stopped paying out.
This would be because your 'old' ESA claim may still be running in the background - once the payments stopped the NI credits can continue to be awarded. More likely if on the last letters they sent you it said something like 'we may still continue to award you national insurance contributions'.
It is likely to still be open because lots of people claimed contribution ESA just for the NI credits alone (no payments) to protect their entitlement to state pension so you may have moved in to that category.
If so then you should be able to report a worsening of your condition and be re assessed and then you could be put into the support group of your original 2018 ESA claim going forward in 2022.
Remember that people come on to this forum who may be in a vulnerable state and kindness goes a long way. Be kind whenever possible. It is always possible. -
flour said:Your original ESA claim from 2018 may still be active after it stopped paying out.
Having said that DWP do sometimes treat it as if the ESA is still live so OP may be lucky, but I would not expect it.Information I post is for England unless otherwise stated. Rules may be different in other parts of UK. -
I read these 2 threads on rights net which offer advice, but I did use the word 'may' to make sure Ideves knows it might not happen as it may be luck if they send out an ESA50 or not or indeed if they do if they then put it back in to payment.
These are the 2 threads, I've put them below
https://www.rightsnet.org.uk/forums/viewthread/18383/
https://www.rightsnet.org.uk/forums/viewthread/6014/
Remember that people come on to this forum who may be in a vulnerable state and kindness goes a long way. Be kind whenever possible. It is always possible. -
My take is as Elliott says in one of the threads that you referenceAlthough you are saying that your client has then continued to have “a live esa claim ongoing but no award of benefit”, this is not correct. When ESA stops being in paid, it is over. Although your client may have continued to receive NI credits for having LCW, this is not an ESA award. Confusingly, the DWP will refer to this as “credits only ESA” or similar, but this is just a reflection of the fact that the LCW credits are managed within the same computer system as ESA rather than the actual legal position. You can’t use the fact that you have been in receipt of LCW credits as a basis for resurrecting an old-style ESA entitlement.I note however that he then saysIf your new client had a contributory entitlement which ended due to time limiting, they may now be able to reclaim contributory ESA following the LCWRA assessment.
which would appear to apply.
Your second link includes within the discussion a link to DMG Memo 13/12. Paragraph 30 appears to apply.
Very useful (and promising for OP). Thanks, flour.
Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
Brightness
Categories
- All Categories
- 13K Start here and say hello!
- 6.6K Coffee lounge
- 103 Games lounge
- 416 Cost of living
- 4.3K Disability rights and campaigning
- 1.9K Research and opportunities
- 199 Community updates
- 9.3K Talk about your situation
- 2.1K Children, parents, and families
- 1.6K Work and employment
- 776 Education
- 1.7K Housing and independent living
- 1.4K Aids, adaptations, and equipment
- 615 Dating, sex, and relationships
- 363 Exercise and accessible facilities
- 737 Transport and travel
- 31.5K Talk about money
- 4.3K Benefits and financial support
- 5.2K Employment and Support Allowance (ESA)
- 17K PIP, DLA, and AA
- 4.9K Universal Credit (UC)
- 6.3K Talk about your impairment
- 1.8K Cerebral palsy
- 868 Chronic pain and pain management
- 180 Physical and neurological impairments
- 1.1K Autism and neurodiversity
- 1.2K Mental health and wellbeing
- 319 Sensory impairments
- 824 Rare, invisible, and undiagnosed conditions
Do you need advice on your energy costs?
Scope’s Disability Energy Support service is open to any disabled household in England or Wales in which one or more disabled people live. You can get free advice from an expert adviser on managing energy debt, switching tariffs, contacting your supplier and more. Find out more information by visiting our
Disability Energy Support webpage.