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How do I end my ESA claim?
- froggylegs
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9 years 4 months ago - 9 years 4 months ago #129972 by froggylegs
How do I end my ESA claim? was created by froggylegs
Hello. I am currently on ESA in the support group, i was awarded this for three years without a medical. I have about a year left before reassessment.
I have applied for a part time job and if I get it I may want to end my claim. Whether I am doing the right thing or not is obviously a huge worry to me as I am currently getting the transitional protection and my pension income is not taken into account, but if I do get the job and decide to accept it, how do I end my ESA claim?
(I am not asking for advice on whether to take the job if offered as I realise only i can assess all the pros and cons and decide what to do.)
At what point do I contact the DWP to try and ensure i get my ESA paid until the start date of the job, or is this not allowed/possible? Will they say that if I have applied for a job then I should have told them then? I am still unsure if my health will allow me to take this job so don't feel under any obligation to say my health has improved but they may not see it this way?
Many thanks
I have applied for a part time job and if I get it I may want to end my claim. Whether I am doing the right thing or not is obviously a huge worry to me as I am currently getting the transitional protection and my pension income is not taken into account, but if I do get the job and decide to accept it, how do I end my ESA claim?
(I am not asking for advice on whether to take the job if offered as I realise only i can assess all the pros and cons and decide what to do.)
At what point do I contact the DWP to try and ensure i get my ESA paid until the start date of the job, or is this not allowed/possible? Will they say that if I have applied for a job then I should have told them then? I am still unsure if my health will allow me to take this job so don't feel under any obligation to say my health has improved but they may not see it this way?
Many thanks
Last edit: 9 years 4 months ago by . Reason: Tick.
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- Gordon
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9 years 4 months ago #129977 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic How do I end my ESA claim?
froggylegs
You may be able to do Permitted Work as an intermediate stage to coming off of ESA, this would enable you to do up to 16 hours work (there are also restrictions on earnings), whilst still receiving all of your current ESA. There is a guide to PW in the ESA section
www.benefitsandwork.co.uk/help-for-claimants/esa1
You do not need to do anything until you actually have a job, you must then cancel you ESA claim with effect from the day before you start work, you can do this over the phone but I would follow it up in writing.
If you find that you cannot cope then you can do a "rapid" reclaim of ESA as long as it is within 12 weeks of your claim being closed, you should be returned to your old award, but it is likely that you will be re-assessed.
If you go over the 12 weeks then you can only make a new claim for ESA, I note that you are currently receiving Transitional Protection, you will lose this and also your Contribution history (unless you can rebuild it), so will only be able to claim Income Related ESA assuming that you are eligible.
Best of luck
Gordon
You may be able to do Permitted Work as an intermediate stage to coming off of ESA, this would enable you to do up to 16 hours work (there are also restrictions on earnings), whilst still receiving all of your current ESA. There is a guide to PW in the ESA section
www.benefitsandwork.co.uk/help-for-claimants/esa1
You do not need to do anything until you actually have a job, you must then cancel you ESA claim with effect from the day before you start work, you can do this over the phone but I would follow it up in writing.
If you find that you cannot cope then you can do a "rapid" reclaim of ESA as long as it is within 12 weeks of your claim being closed, you should be returned to your old award, but it is likely that you will be re-assessed.
If you go over the 12 weeks then you can only make a new claim for ESA, I note that you are currently receiving Transitional Protection, you will lose this and also your Contribution history (unless you can rebuild it), so will only be able to claim Income Related ESA assuming that you are eligible.
Best of luck
Gordon
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- froggylegs
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9 years 4 months ago #129997 by froggylegs
Replied by froggylegs on topic How do I end my ESA claim?
Thank you for your reply Gordon, very useful as always.
Could I ask what you mean regarding losing my contribution history? If I come off ESA does that mean i no longer have the NI contributions made by the DWP while I was on it?
Thanks again
Could I ask what you mean regarding losing my contribution history? If I come off ESA does that mean i no longer have the NI contributions made by the DWP while I was on it?
Thanks again
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- Gordon
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9 years 4 months ago #130002 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic How do I end my ESA claim?
froggylegs
First I want to confirm that any NI Contribution earned or Credits paid will still count towards your State Pension.
What I was referring to was the NI Contributions used to determine eligibility for Contribution Based ESA.
As you are receiving Transitional Protection I assume it is because you were on another benefit before being transferred to ESA, if you break your ESA claim by more than 12 weeks then you can only make a new claim for ESA and that claim will be based on your NIC history in the two complete Tax Years prior to the current year; for 2015 this will be 2012-13 and 2013-14, as you have been on ESA or another benefit you will have no NI Contributions to meet this requirement and will therefore only be able to make a claim for Income Related ESA.
I hope this explains it.
Gordon
First I want to confirm that any NI Contribution earned or Credits paid will still count towards your State Pension.
What I was referring to was the NI Contributions used to determine eligibility for Contribution Based ESA.
As you are receiving Transitional Protection I assume it is because you were on another benefit before being transferred to ESA, if you break your ESA claim by more than 12 weeks then you can only make a new claim for ESA and that claim will be based on your NIC history in the two complete Tax Years prior to the current year; for 2015 this will be 2012-13 and 2013-14, as you have been on ESA or another benefit you will have no NI Contributions to meet this requirement and will therefore only be able to make a claim for Income Related ESA.
I hope this explains it.
Gordon
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9 years 4 months ago #130040 by froggylegs
Replied by froggylegs on topic How do I end my ESA claim?
Thank you again Gordon.
I am still a little confused. I was on ICB before being transferred to ESA. If, for example, I work 25 hours a week for a year and then have to reclaim ESA, wouldn't I have 12 months of NI contributions from my year of working and 12 months of contributions made by the DWP while I was in the support group of ESA?
Or do the contributions made while I was on ESA not count?
Thanks again
I am still a little confused. I was on ICB before being transferred to ESA. If, for example, I work 25 hours a week for a year and then have to reclaim ESA, wouldn't I have 12 months of NI contributions from my year of working and 12 months of contributions made by the DWP while I was in the support group of ESA?
Or do the contributions made while I was on ESA not count?
Thanks again
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9 years 4 months ago #130042 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic How do I end my ESA claim?
froggylegs
Benefits to not pay Contributions, despite the DWP stating this on their letters, they only pay Credits.
There are two Contribution Conditions for ESA(CB) the first can only be met by NI Contributions the second can either be Contributions and Credits.
However, they are only usable if they are in the right Tax Year, so whether the 25hrs would count would depend on you paying NI in the first place and then whether the TY was usable or not when you make a claim.
Just to be clear you can still make a claim for ESA(IR) at any time.
Gordon
Benefits to not pay Contributions, despite the DWP stating this on their letters, they only pay Credits.
There are two Contribution Conditions for ESA(CB) the first can only be met by NI Contributions the second can either be Contributions and Credits.
However, they are only usable if they are in the right Tax Year, so whether the 25hrs would count would depend on you paying NI in the first place and then whether the TY was usable or not when you make a claim.
Just to be clear you can still make a claim for ESA(IR) at any time.
Gordon
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