legacy esa and new style esa

penpo

can anyone explain to me what this legacy esa and the new style esa is all about please, my other half has been on support group esa which is apparently being taken over to new style with universal credit is it something i should be concerned about please.

poppy123456

New style ESA is a contributions based only benefit. For any top up with this then you'd need to claim UC. The old contributions based ESA can include an income related top up (disability premiums).

When did his claim for ESA start? and what was the reason he claimed UC?

penpo

Hi poppy ok breakdown of situation he was made redundant back in 2019 as company folded. He already had medical conditions so was impossible to get work he was then on jsa , his health decreased & was put on esa (support group) I then became his full time carer & got universal credit & he was awarded pip (standard we are now in process of circumstance change for enhanced hooefully) I now get lcwra due to depression. A friend told me that people that were on esa now classed as legacy  were underpaid and now universal credit were taking over that benefit we didn't know if he was meant to receive anything. Thank you for replying 

poppy123456

Thanks for that. As he claimed ESA in 2019 then it would have been New style ESA and not the old contributions based. No new claims of the old contributions based were possible in his situation since December 2018.

Your UC claim should be a couples claim if you live together. His ESA would be deducted in full from any UC entitlement.

penpo said:

I now get lcwra due to depression.

Even though you were found to have LCWRA there will only be 1 payment of LCWRA in your claim because it's 1 element per claim.

penpo said:

 A friend told me that people that were on esa now classed as legacy  were underpaid and now universal credit were taking over that benefit we didn't know if he was meant to receive anything. Thank you for replying 

That applied to those that were originally claiming Incapacity benefit and moved to ESA. This doesn't apply in your situation.

UC hasn't taken over his ESA because New style ESA isn't part of UC.

As you both have LCWRA then you should make sure that the LCWRA element is paid for him and you can then claim the carers element for looking after him, if his PIP includes the daily living part. This way you'll be claiming the maximum amount of UC that you're entitled to.