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New style ESA
- Peacock1
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4 years 3 months ago #254556 by Peacock1
New style ESA was created by Peacock1
Hello
I applied for NS ESA for my son at the beginning of December. The DWP phoned him and said he wouldn’t get any money because he hasn’t paid enough National Insurance in 2017-2018, but he could get NI credits. He was told to return his capability for work form, which he did. We haven’t heard back yet. The lady said if he got into the support group he might get the support component only, but not the basic allowance. Have you ever heard of this happening?
Also, I believe if we had waited for the new benefit year h would have been entitled to it because he had paid enough NI in the relevant years. Do you think he should reapply now or just wait to see what they do.
Thank you in advance
I applied for NS ESA for my son at the beginning of December. The DWP phoned him and said he wouldn’t get any money because he hasn’t paid enough National Insurance in 2017-2018, but he could get NI credits. He was told to return his capability for work form, which he did. We haven’t heard back yet. The lady said if he got into the support group he might get the support component only, but not the basic allowance. Have you ever heard of this happening?
Also, I believe if we had waited for the new benefit year h would have been entitled to it because he had paid enough NI in the relevant years. Do you think he should reapply now or just wait to see what they do.
Thank you in advance
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- Gary
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4 years 3 months ago #254616 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic New style ESA
Hi Catherine
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is.
Welcome to Benefits and Work .
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.
You can make a claim for New Style ESA providing you have at least 50 weeks of NI Contributions in both of the Tax Years 2017-18 and 2018-19. If you don't then your son's only option is to claim Universal Credit.
We do have some good guides to help you claim UC/ESA in the Members Only section
www.benefitsandwork.co.uk/help-for-claimants/esa1
I would advise your son to seek help from your local welfare rights unit, they would be able to take all his relevant information into account.
Gary
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is.
Welcome to Benefits and Work .
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.
You can make a claim for New Style ESA providing you have at least 50 weeks of NI Contributions in both of the Tax Years 2017-18 and 2018-19. If you don't then your son's only option is to claim Universal Credit.
We do have some good guides to help you claim UC/ESA in the Members Only section
www.benefitsandwork.co.uk/help-for-claimants/esa1
I would advise your son to seek help from your local welfare rights unit, they would be able to take all his relevant information into account.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Peacock1
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4 years 3 months ago #254620 by Peacock1
Replied by Peacock1 on topic New style ESA
Thank you for your answer. I am new to this so might be wrong, but I thought we had just started a new benefit year so the relevant tax years for NS ESA would be 2018-2019 and 2019-2020. He worked for these years which is why I asked about applying again.
He has savings and can’t apply for UC.
He has savings and can’t apply for UC.
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- Gary
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4 years 3 months ago #254652 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic New style ESA
Hi Catherine
Your thinking was the same as mine until Gordon put me right. It is important to know the difference between 'Tax Years' and 'Benefit Years'.
Tax Years run from 6th April to the 5th April the following year.
Benefit Years start from the first Sunday in January and end on the Saturday before the first Sunday in the following year.
First condition
You must have paid, or be treated as having paid, at least 26 weeks of Class 1 NI contributions on earnings at the lower earnings limit in one of the last two complete tax years before the start of the relevant benefit year.
WRA 2007, Sch 1, para 1; ESA Regs, reg 7A; ESA Regs 2013, reg 8
Second condition
You must have paid or been credited with Class 1 NI contribution on earnings 50 times the lower earnings limits in each of the last two complete tax years before the start of the relevant benefit year.
WRA 2007, Sch 1, para 2
Gary
Your thinking was the same as mine until Gordon put me right. It is important to know the difference between 'Tax Years' and 'Benefit Years'.
Tax Years run from 6th April to the 5th April the following year.
Benefit Years start from the first Sunday in January and end on the Saturday before the first Sunday in the following year.
First condition
You must have paid, or be treated as having paid, at least 26 weeks of Class 1 NI contributions on earnings at the lower earnings limit in one of the last two complete tax years before the start of the relevant benefit year.
WRA 2007, Sch 1, para 1; ESA Regs, reg 7A; ESA Regs 2013, reg 8
Second condition
You must have paid or been credited with Class 1 NI contribution on earnings 50 times the lower earnings limits in each of the last two complete tax years before the start of the relevant benefit year.
WRA 2007, Sch 1, para 2
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Peacock1
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4 years 3 months ago #254722 by Peacock1
Replied by Peacock1 on topic New style ESA
Hi
So if someone applies for esa in Jan 2021 shouldn’t the relevant tax years be April 2018- April 2019 and April 2019- April 2020? So it would be worth him applying again.
Also, in my original question I asked if it was possible to be paid the support component only of ns esa if you get placed in support group after sending in capability for work form, having not met the national insurance conditions. We were told this by dwp but I can’t find any reference to this online.
Thanks
So if someone applies for esa in Jan 2021 shouldn’t the relevant tax years be April 2018- April 2019 and April 2019- April 2020? So it would be worth him applying again.
Also, in my original question I asked if it was possible to be paid the support component only of ns esa if you get placed in support group after sending in capability for work form, having not met the national insurance conditions. We were told this by dwp but I can’t find any reference to this online.
Thanks
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- Gary
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4 years 3 months ago #254745 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic New style ESA
Hi Catherine
You will need to seek advice from a benefit specialist, if your son already has a live claim then I do not believe that he will be able to make a new claim.
I am not aware that your son may get the LCWRA component without getting the basic component. A lot has to do on the facts of the case which is why your son needs to get help from a specialist welfare rights unit where they can take all your sons relevant information into account before giving him advice.
Unfortunately this forum was set up to only give information and not advice, for advice we would point you in the direction of an advice agency such as Citizen Advice or an equivalent.
Gary
You will need to seek advice from a benefit specialist, if your son already has a live claim then I do not believe that he will be able to make a new claim.
I am not aware that your son may get the LCWRA component without getting the basic component. A lot has to do on the facts of the case which is why your son needs to get help from a specialist welfare rights unit where they can take all your sons relevant information into account before giving him advice.
Unfortunately this forum was set up to only give information and not advice, for advice we would point you in the direction of an advice agency such as Citizen Advice or an equivalent.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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