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Esa

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  • Melin
    Melin Community member Posts: 77 Connected
    Hi thankyou for your comments l have been out of work since last year due illness and didn’t know l was entitled to anything as l said my husband has been on sick pay for a very long time and has just came to the end so he is not getting any payment from anywhere either any more l spoke to dwp and was told we must be entitled to universal credit as we don’t get severe disability premium becouse my son lives with us.  
  • Melin
    Melin Community member Posts: 77 Connected
    We have been told he can only get new style esa credits not any payments and if we want any payments we should claim universal credit l don’t know what to do shall my husband fiil in the form that came from capality assesment for esa or should we just claim universal credit sorry if l am repeating myself we have been working for years and really don’t know anything or what to do
  • poppy123456
    poppy123456 Community member Posts: 53,359 Disability Gamechanger
    You would definitely not be claiming the severe disability premium because this is only paid with certain means tested benefits and you don't claim any of those.

    As i previously said, it's extremely difficult to give any advice without knowing all of your circumstances. Did you use the benefits calculator that i posted above?

    As your husband has been claiming sick pay for a long time then i would guess that this is the reason why he's not entitled to New style ESA because you need to have paid class 1 or class 2 NI contributions in those 2 tax years.

    Whether you're entitled to UC will depend on both of your circumstances. Do either of you receive any works pension? If you do then this will be classed as income for UC purposes and reduce it £1 for £1.

    Standard allowance for couples over 25 is £594.04 per month. You haven't said whether you own or rent your home? If you rent it then you'll be able to claim the housing element of UC as part of your maximum entitlement. How much you'll be entitled to will depend on your circumstances and whether you're renting from social housing or a private landlord.

    Does either of you claim either daily living PIP or DLA mid/high rate care? If you then the person that doesn't claim it will be able to claim the carers element of UC. Your husband will need to send in fit notes to start the work capability assessment off and for this he'll need to speak to his GP and the sooner he does this the better.

    UC is paid monthly and all the elements will be paid in 1 payment. Your first payment is 5 weeks after you submit your claim.
    You need to claim online here https://www.gov.uk/apply-universal-credit

    You also say you haven't worked since last year, if you've paid the correct amount of NI contributions in those 2 tax years then you maybe entitled to claim New style ESA but a fit note from your GP will be needed. If you claim this and UC then the new style ESA will be deducted in full from any UC entitlement.

    Please use the benefits calculator i posted above.

    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Melin
    Melin Community member Posts: 77 Connected
    Hi poppy yes l did the benefit calculator and it does show l will be entitled for universal credit we rent privately and have been getting housing benefit for a long time me and my husband we both are getting pip standard rate for both 
  • Melin
    Melin Community member Posts: 77 Connected
    We don’t get any pensions 
  • poppy123456
    poppy123456 Community member Posts: 53,359 Disability Gamechanger
    edited October 2020
    Melin said:
    Hi poppy yes l did the benefit calculator and it does show l will be entitled for universal credit we rent privately and have been getting housing benefit for a long time me and my husband we both are getting pip standard rate for both 

    Thanks for that, that does help me and now i can advise you further.

    Once you claim UC your housing benefit will continue for 4 weeks and then stop and transfer to UC. There will be no non dependant deductions for your housing element because you're claiming PIP. This means you'll be entitled to the housing element, couples standard allowance of £594.04 and you can each claim the carers element for looking after each other, which will be £162.92 x 2 (£325.84) BUT you'll need to make sure you report that you are caring for your husband and he's caring for you. You do not need to claim carers allowance to claim the carers element of UC. (providing no one else claims the carers allowance or carer element for looking after you of course)

    As you will both be claiming the carers element for each other, you will not have any work commitments and you'll be placed into the "no work related requirements group"

    You can send in fit notes to start the work capability assessment process off for either yourself or your husband or even both BUT if you're placed into the LCWRA group you can only receive 1 LCWRA element per claim. Also if placed into this group then one of the carers elements will end and will be replaced with LCWRA element. So basically, it means you'll be £179 per month better off from the 4th month of your claim but this is only if placed into the LCWRA group.

    I know this is extremely confusing but the sooner you start your claim for UC the sooner you'll start receiving some money each month. If you need any help and advice along the way please do just shout and i'm sure someone will advise you further.

    Hope this helps just a little.

    Just to add, if your husband is waiting for any final wages from his employer it will be worth your while waiting to claim UC after he's received his final pay, otherwise it will reduce your UC by 63%.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Melin
    Melin Community member Posts: 77 Connected
    Thankyou very much for your comments poppy about the carers element my son is claiming careers allowance but no one is claiming carers allowance for my husband so will l be able to claim the carers element for him then ? l am confused sorry 
  • Melin
    Melin Community member Posts: 77 Connected
    My son is claiming Carers allowance from me by the way 
  • poppy123456
    poppy123456 Community member Posts: 53,359 Disability Gamechanger
    Then you'll be able to claim the carers element of UC for looking after your husband. You don't need to claim carers allowance to be able to claim the carers element. If you do claim them both together then the carers allowance will be deducted in full from your UC entitlement.

    This means that your husband will definitely need to send in fit notes from his GP to start the work capability assessment process off.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Melin
    Melin Community member Posts: 77 Connected
    Thankyou so much poppy
  • poppy123456
    poppy123456 Community member Posts: 53,359 Disability Gamechanger
    You're very welcome :)
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Melin
    Melin Community member Posts: 77 Connected
    Good evening l have got a question regarding my universal credit claim in the application there is a question asking are you and your partner both name on the tenancy agreement on my tenancy agreement it’s only on my name so l gave a call to universal credit help line and they told me to answer no because it’s only on my name but no where in the application does not ask anything else about my agreement so will the stil pay my rent from universal credit 
  • poppy123456
    poppy123456 Community member Posts: 53,359 Disability Gamechanger
    There shouldn't be any problems with them adding the housing element to yout maximum UC entitlement.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Melin
    Melin Community member Posts: 77 Connected
    Thankyou poppy
  • poppy123456
    poppy123456 Community member Posts: 53,359 Disability Gamechanger
    You're welcome.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Melin
    Melin Community member Posts: 77 Connected
    Hi really need help as l am very confused as l did say in my previous post my husband has been denied new style esa because he hasn’t paid enough national insurance so we was told to claim universal credit which we have started a claim and esa did send a esa50 form before the decision so we thought we don’t need to fill the esa50 because we are not getting it anyway but yesterday my husband has received a letter saying he should fill the esa50 form to get esa and the letter was sent on the 11th of November and the last day was the 20 th of November will him not sending the esa50 form make any effect on our universal credit claim?
  • poppy123456
    poppy123456 Community member Posts: 53,359 Disability Gamechanger
    Melin said:
    Hi really need help as l am very confused as l did say in my previous post my husband has been denied new style esa because he hasn’t paid enough national insurance so we was told to claim universal credit which we have started a claim and esa did send a esa50 form before the decision so we thought we don’t need to fill the esa50 because we are not getting it anyway but yesterday my husband has received a letter saying he should fill the esa50 form to get esa and the letter was sent on the 11th of November and the last day was the 20 th of November will him not sending the esa50 form make any effect on our universal credit claim?

    Although the UC work capability assessment for limited capability for work is exactly the same as the ESA one, it won't make any difference if he doesn't fill it in and return it. Although he should ring the health assessment advisory service and tell them that he's not claiming ESA because his claim from refused because of lack of NI contributions. Details here. https://www.chdauk.co.uk/contact-us

    He may also want to ring DWP to tell them the same thing.

    I did think it was rather forward planning when he was sent the form before his claim had even started.

    Just so that you're aware if he's sending in fit notes for UC the form he'll be sent for the work capability assessment is the same, except it's the UC50 instead of the ESA50.


    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Melin
    Melin Community member Posts: 77 Connected
    Thankyou very much poppy 
  • poppy123456
    poppy123456 Community member Posts: 53,359 Disability Gamechanger
    You're welcome.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Melin
    Melin Community member Posts: 77 Connected
    Hi just spoken to esa and have been told my husband still needs to fill the form in as they will give him national insurance credits l told them we have applied universal credit but they told us it doesn’t matter he still needs to fill in the form and send it off or he will be find fit to work ! 

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