can i apply for universal credit

Hi sam

You post is not an easy post to answer as it depends on your circumstances and what NI payments you have paid and over what period of time.

You will not be able to claim any legacy benefits (IR or CB ESA) but, you may be able to claim New Style ESA or UC or both but would depend on your circumstances, ie do you have a partner or children.

We would normally advise you to seek help from a welfare rights worker where you can give all your details such as date of birth, but due to the lockdown most advice centres are operating a limited service. You can check by putting your information into one of the online benefit calculators. We do have some excellent guides to help you with your claims in our 'Members Only Guides' section.

gov.uk/benefits-calculators

Our ESA/UC Claim guide explains the criteria you will need to meet for an award.

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

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

Gary

Hi sam

You have two options;

- If you have paid for Class 2 NI Contributions then you may be able to claim New Style ESA
- If you have not or do not have sufficient NICs then it would be Universal Credit

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.

NS ESA would end after 365 days unless you are placed in LCWRA/Support Group.

New Style ESA is a fortnightly payment that can be claimed on its own or at the same time as Universal Credit (UC).

New Style ESA is a contributory benefit. Normally, this means you may be able to get it if you’ve paid or been credited with enough National Insurance contributions in the 2 full tax years before the year you’re claiming in.

Eligibility

To get New Style ESA you’ll need to have been an employee or self-employed and paid (or been credited with) National Insurance contributions, usually in the last 2 to 3 years.

www.gov.uk/national-insurance

You will also need to have a fit note (sometimes called ‘sick note’ or ‘doctor’s note’) but you can start making your claim before you have one. If you have only just become ill, you can self-certify for the first 7 days.

You can get New Style ESA on its own or at the same time as Universal Credit. If you apply for and are awarded both benefits, the New Style ESA you are paid will reduce your Universal Credit payment by the same amount.

www.gov.uk/guidance/new-style-employment...ailed-guide#overview

In regards to your second question on redundancy, this is something we cannot answer as it is not within the remit of the forum, you may need to contact ACAS: www.acas.org.uk who maybe able to help you with your enquiry. You may want to wait to see if you are going to be made redundant before doing anything, although looking at options can be useful and also knowing your rights.

If you have any further questions, come back to the forum.

Gary

Hi sam,

What Gary said is correct.

I have some knowledge of redundancy - I don't know if you work for a big firm or not, but a bigger firm will require trade union consultation, otherwise redundancy will be dealt with internally by HR. There has to be a proper criteria as to who will be chosen for redundancy. If you are made redundant, you may be eligible for redundancy payment, either in terms of your contract or by law. Depending on the nature of any redundancy payment, this could affect claiming means tested benefits such as NS ESA under UC. (Some redundancy payments reflect lost earnings, hence also affect UC.)

If you are selected for redundancy, you should be given a full break down of the payments to be made, and additionally you will be entitled to outstanding holiday pay, if you have holidays owed. It is really important to get professional advice from eg CAB or similar advice centre to check the proposed redundancy payments are legally correct, as well as working out any benefit entitlement going forward. Equally before taking any voluntary redundancy please get all the numbers etc checked. Have you spoken to your GP about continued work in the longer term? Do you/GP think if you had a short period of time off work, you could continue to work at the same job, or, could you do same work, less hours, or a less demanding job, or perhaps it is unlikely you will be able to work in the longer term? This is important information you will need to consider, as this may direct how you approach considering/accepting redundancy from your work. If you stay working (in the same work, or with a new employer,) your employer has to make reasonable adjustments to accommodate your illness/disability. This could include lesser hours, moving to the ground floor to avoid stairs, moving you to a desk job to avoid manual lifting etc. So, perhaps before you move onto considering redundancy, have a think of other options first. Of course, your employer may just make you redundant which then gives limited options.

So, to recap, the first thing is to work out the available options, if any, bearing in mind your health -so have a discussion with HR (HR may not yet have worked these all through, so you may have to wait.) Once all the options are on the table, then work out the financial implications and health implications of each. Take proper advice from your GP AND from professional advisors concerning benefit entitlement, redundancy pay, and if appropriate any proposed occupational pension. Do not agree to taking any voluntary redundancy unless you are absolutely sure of what this in reality will mean.

I hope this helps. There is a lot to consider at this time. Good luck.

LL26