ESA 50 or UC 50?

Hi buster

No it is not a mistake, your brother in law needs to complete the UC50. Our UC and ESA claim guide explains the criteria that your brother in law will need to meet.

www.benefitsandwork.co.uk/help-for-claimants/esa1

There are no extensions for completing the UC50 form unlike a PIP form, so you need to make sure you return the form on time, I would use recorded delivery when returning the form and contact DWP when the form is sent off just to let them know you have sent it by RD if time limits are tight, make sure you keep a copy of the completed form and supporting documents as they do sometimes go missing.

New Style ESA is a Contribution Based benefit and is not means tested with the exception of pension income which can reduce the amount that you receive.

The Income Related benefit that goes with NS ESA is Universal Credit.

If you are awarded Limited Capability for Work then the NE ESA is only payable for a year, if you receive Limited Capability for Work Related Activity then it is payable for as long as you meet the criteria.

Gary

Hi buster

IR ESA is a legacy benefit which is no longer available to new claimants, it has been superceeded by UC and 'New Style ESA' which is Contribution Based. Claimants in receipt of legacy ESA will continue to receive it until they have been transferred over, There is a pilot scheme in Harrogate which started last March 2019, out of 10,000 claimants the last I heard only 13 people had been migrated over to UC. The Government has delayed the roll-out of Universal Credit a further nine months to September 2024 but this was before Covid-19.

The Group your brother in law wants to try and get is now called LCWRA which is exactly the same as the Support Group. Under UC the extra premium you get is slightly higher than ESA. (£341.92 pcm - £169.87pcm) but, depending on their circumstances they would not be able to claim SDP which they may have been able to under ESA.

Conditionality is exactly the same under UC as ESA, the only difference is the name on the form, for ESA it is called ESA 50 form and for UC it is called UC 50, if you look at both forms together, they are the same apart from the title and form number.

There are two ways of passing the test

1 - you can score 15 or more points in the assessment

2 - You can be treated as satisfying the assessment without having to show that you score enough points.

In order to qualify for the LCWRA Group your brother in law will need to;

* meet one or more of the relevant descriptors, or
* meet one of the associated Exceptional Circumstances rules.

The LCWRA Group descriptors and the Exceptional Circumstances are listed in the Claiming ESA guides in the members area.

New Style ESA is a Contribution Based benefit and is not means tested with the exception of pension income which can reduce the amount that you receive.

The Income Related benefit that goes with NS ESA is Universal Credit.

Your NS ESA will end after 365 days unless you are in the LCWRA Group at that time.

Gary

Hi buster

A 13 week assessment phase applies to all new ESA claimants. During the assessment phase your brother in law should undergo the work capability assessment. The assessment phase can be extended beyond 13 weeks if there is a delay in completing this assessment. In answer to your question, yes he should expect a UC50 form dropping on his doormat.

There are two parts to the work capability assessment :-

The first part looks at whether you have 'limited capability for work' (LCW)
The second part looks at whether you have a 'limited capability for work related activity' (LCWRA)

To answer the second part to your question, yes LCWRA would be paid with his "NS ESA' www.gov.uk/guidance/new-style-employment...wance-detailed-guide

Click on the link above, then go to 'How much New Style ESA to expect' under 'Main phase'

Gary