SDA to ESA via ESA50 and NI contributions

Sam

The government has decided that all SDA claimants will be migrated to Contribution Based ESA, whether they meet the Contribution Conditions or not, if they were also receiving Income Support then it will ESA(CB) with an Income Related ESA top-up dependant on their circumstances. I can't give you a reference to this as it was an operational decision and was not detailed in the Transitional legislation.

ESA has to groups for successful claimants the WRAG and the Support Group.

If you are placed in the WRAG then your ESA(CB) is only payable for 365 days after which you can switch to ESA(IR) if you circumstances allow, if they do not then you will continue to receive NI Credits that count towards a full State Pension as long as you are considered to be unable to work, this will involve regular re-assessment. If you are moved into the SG, then your ESA(CB) payments will be re-instated from the date of the Decision and will remain in payment as long as you continue to be in the SH.

If you are placed directly into the SG then there is no restriction on the payment of your ESA(CB).

If you are at some future time moved from the SG to the WRAG then you will still have 365 days of ESA(CB) payments.

The following will give you some idea of the different scenarios.

12 Month Limit for ESA(CB)

The rules for the payment of ESA(CB) are defined in the Welfare Reform Act 2012 Regulation 51.1A and following clauses. See

www.legislation.gov.uk/ukpga/2012/5/part/2/chapter/2/enacted

If you have further questions then please reply to this post and we will do our best to help.

Gordon