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Old style contribution-based esa

PatJ

Can anyone tell me if old style contribution based esa will migrate over to Universal credit. My son has been receiving, incapacity/ esa in the support group since 1999. Some sites say it will some say it won't.

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poppy123456

No, never. If any part of his ESA is Income Related then he wil need to claim UC at some point. However, those claiming ESA are not expected to be migrated across until at least 2028 (unless they claim tax credits as well)

If migrated to UC then the contributions based ESA will continue as normal but be deducted in full from any UC entitlement.

PatJ

He doesn't receive any other benefit. He lives with us so doesn't even qualify for any other benefit not even free prescriptions.

calcotti

PatJ said:

He doesn't receive any other benefit. He lives with us so doesn't even qualify for any other benefit not even free prescriptions.

When he applied for old style ESA or what transferred from IB to ESA, unless he has savings that excluded it, he should have qualified for both contribution based ESA and a top up of income based ESA. How much ESA does he get?

PatJ

He gets £129.50 a week

poppy123456

PatJ said:

He doesn't receive any other benefit. He lives with us so doesn't even qualify for any other benefit not even free prescriptions.

Living with you will make no difference to his benefits entitlement because you're income is yours and not his. If he has no other income and doesn't have savings/capital of more than £16,000 then he should be entitled to the Income Related top up.

He needs to ring ESA and ask them to assess him for this top up. If he transferred from IB then i'm surprised he wasn't contacted some years ago when people were being contacted because of the IB to ESA underpayments.

calcotti

PatJ said:

He gets £129.50 a week

This, as you say, just contribution based ESA

I infer he perviously transferred from Incapacity Benefit.

Has he have savings that prevents his qualifying for income based ESA.

If not he could ask to to be assessed for income based ESA (or claim UC wihich would actually be worth more).

PatJ

Think he was contacted but at that time he had moved out to live with girlfriend and son, so they were claiming other benefits as well, but is back with us now. He's afraid that if he contacts esa people it will trigger an assessment. His mental health not great so couldn't cope with it.

poppy123456

calcotti said:

PatJ said:

He gets £129.50 a week

This is lightly higher than normal contribution based ESA

I don't think that's correct. CB ESA Support Group is £129.50/week. Personal allowance £84.80/week and Support Group component £44.70/week. Total weekly amount £129.50.

I did notice a couple of days ago that the Gov.uk website is giving incorrect information. See link. https://www.gov.uk/employment-support-allowance/what-youll-get I tried to report that the information is incorrect but couldn't. *edit* Just went back and successfully reported that incorrect information.

You’ll get:

up to £84.80 a week if you’re in the work-related activity group
up to £128.85 a week if you’re in the support group

CA are spot on here. https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/help-with-your-esa-claim/esa-how-much-you-can-get/

If you’re in the:

work-related activity group you’ll get £84.80 each week

support group you’ll get £129.50 each week

See benefits rates here for 2023/24 . https://www.gov.uk/government/publications/benefit-and-pension-rates-2023-to-2024/benefit-and-pension-rates-2023-to-2024#employment-and-support-allowance-esa

poppy123456

PatJ said:

Think he was contacted but at that time he had moved out to live with girlfriend and son, so they were claiming other benefits as well, but is back with us now. He's afraid that if he contacts esa people it will trigger an assessment. His mental health not great so couldn't cope with it.

It won't trigger a work capability assessment. He'll be sent the ESA3 form to fill in and return.

calcotti

poppy123456 said:

calcotti said:

PatJ said:

He gets £129.50 a week

This is lightly higher than normal contribution based ESA
I don't think that's correct. CB ESA Support Group is £129.50/week. Personal allowance £84.80/week and Support Group component £44.70/week. Total weekly amount £129.50.

Just came back to correct my error (my mental arithmetic was tired and was misread by gov.uk and their figure but then realised it was wrong when i did not the maths) and i can see you have already highlighted it. I’ve edited the post.

(It is ridiculous that the gov.uk have the wrong figure.)

poppy123456

calcotti said:

poppy123456 said:

calcotti said:

PatJ said:

He gets £129.50 a week

This is lightly higher than normal contribution based ESA
I don't think that's correct. CB ESA Support Group is £129.50/week. Personal allowance £84.80/week and Support Group component £44.70/week. Total weekly amount £129.50.
Just came back to correct my error (my mental arithmetic was tired and was misread by gov.uk and their figure but then realised it was wrong when i did not the maths) and i can see you have already highlighted it. I’ve edited the post.
(It is ridiculous that the gov.uk have the wrong figure.)

I hadn't noticed until a couple of days ago (was also checking my figures) sometimes i do forget the amounts so have to check before advising. I thought it was my figures that were wrong until i double checked.

Totally agree, it's ridiculous how they could get that wrong!

PatJ

Thank you for your previous replies. Been looking at the ESA3 form. Regarding part 5. About work. Do they need to know about permitted work done while in the support group.

poppy123456

PatJ said:

Thank you for your previous replies. Been looking at the ESA3 form. Regarding part 5. About work. Do they need to know about permitted work done while in the support group.

You should have already told them you're doing permitted work. You must make sure you work less than 16 hours per week and earn no more than £167/week.

PatJ

They do already know all about it. He then had to stop because his health deteriorated. I just meant, does that question mean permitted work, as well as any other work, in which case we can include it.

PatJ

I think I'm a bit confused with this question. Sorry. Where it says, have you worked since making this claim. Does it mean the original claim or the claim you're making now. The permitted work was 2006 onwards for a while, and nothing since. Not very savvy on these forms and know how important it is to get it right.

poppy123456

If he hasn’t worked since 2006 then you won’t need to include that information.

PatJ

Thank you poppy, he's just found the paperwork and it was 2011 when he was forced to stop because of his health. This site is amazing, feel very supported.

L_Volunteer

Glad to hear he has managed to find the paperwork @PatJ. Please don't hesitate to let us know if there's anything else we can do to help