Claiming esa instead of UC

JamieT123

months ago I had to give up my UC high rate LCWRA as I moved in with my partner who earns 3K per month. My pip has stayed (high rate daily, low mobility) however I’ve recently seen about ESA. Online isn’t too informative about it. Does my situation fit? Would ESA effectively replace UC seeing as I’m no longer entitled to it? I’ve been living off the 450 odd a month pip and it’s so very difficult. My partners earnings just about cover the bills. 

poppy123456

To be entitled to New style ESA you need to have worked at some point in the previous 2 tax years (April 2019 to March 2021) if you haven't worked then you won't be entitled. You can claim it for NI credits only if you need them for your state pension.

bg844

Entitlement to New-Style ESA is dependent on your NI contributions and earnings. You must have been employed/self-employed in the last 2 years, if you haven’t worked in that time I am afraid there will be no entitlement to payment.

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

JamieT123

Is there an amount you have to have worked? I worked full time in 2020-2021, however one of them was agency. I worked myself into a mental breakdown and haven’t been the same since. 

bg844

You can still apply to see and even if there is no payment you’ll still be credited with Class 1 NI. This will protect your contribution record for future entitlements plus with no UC claim live I think it’s the best option. You will however need fit notes from your GP as you would for UC although no more after a decision is made.

poppy123456

You can see what's needed here. https://www.entitledto.co.uk/help/employment-and-support-allowance-contribution-based You may fail on the 2nd condition.

You can also check your NI records here. https://www.gov.uk/check-national-insurance-record

Please also be aware that the benefit year changes on the first Sunday in January.

JamieT123

poppy123456 said:

You can see what's needed here. https://www.entitledto.co.uk/help/employment-and-support-allowance-contribution-based You may fail on the 2nd condition.

You can also check your NI records here. https://www.gov.uk/check-national-insurance-record

Please also be aware that the benefit year changes on the first Sunday in January.

I’m learning disabled so as much as I appreciate the information, it reads like gobbledygook to me. What’s the benefit year changing got to do with anything? And what is the lower earning thing that I have to have paid 50 times into?

calcotti

JamieT123 said:

Is there an amount you have to have worked? I worked full time in 2020-2021, however one of them was agency. I worked myself into a mental breakdown and haven’t been the same since. 

My advice would be to apply anyway. When you do so ESA will check your NI record. If you qualify they will pay you ESA and you will be referred for a Work Capability Assessment. If you don't have the required NI record they will not pay ESA but will still refer you for a WCA and if confirmed have LCW or LCWRA you will get Class 1 NI credits towards your future State Pension even though you are not being paid ESA.

You can backdate the ESA claim by three months if you wish to.

As mentioned by bg844, you will need a Fit Note from your GP.

Regards the 'benefit year', this roughly matches the calendar year.
If you claim now ESA will look at your NI record for the tax years 2019-20 and 2020-21.
If you claim in January ESA will look at your NI record for the tax years 2020-21 and 2021-22.
If you want to apply it therefore makes sense to apply before the end of the year.
Whichever years are being looked at you need to have a complete NI record in bothers and in one of the years you must have worked for at least 26 weeks. The Class 3 credits you have been getting from UC do not count towards the requirement.