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WORK RELATED ACTIVITY GROUP / LIMITED CAPABILITY FOR WORK

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1 month 2 weeks ago #294153 by Tommy
I am off work sick and in receipt of the NS ESA (£90.50 p/w)

I recently underwent the Work Capability Test and am awaiting a decision.

However, my contract of employment will terminate on 14 August, after which I intend to make a claim for Universal Credit in order to receive assistance with housing costs.

With regard to the impending NS ESA decision, I am hoping for at least inclusion in the Work Related Activity Group.

If this transpires, I anticipate this decision being incorporated into my claim for Universal Credit in the form of being considered as having Limited Capability for Work.

In the decision letter re NS ESA, I anticipate the time for being in the Work related Activity Group / Limited Capability for Work to be stated as one year.

As I will now be in receipt of Universal Credit, I anticipate, after one year or possibly longer, being asked to undergo another Work Capability Test in order to assess my fitness for work.

Is this how the system works?

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1 month 2 weeks ago #294181 by David
Hi Tommy,
NS ESA stands for New Style ESA which replaced Contributions Based ESA. To get a payment you must not only be unwell but have made National Insurance contributions (or been credited ).
Universal Credit is a means tested benefit and it is possible to receive NS ESA and UC at the same time.
You are correct in stating that your time in the Work Related Activity Group is limited to one year. However if you were to be placed in the ESA Support Group it is possible for your ESA to be indefinite ( until pension age ).
To go back to your question as to when you will need to undergo another WCA ( Work Capability Assessment ).
That depends on what the HCP ( Health Care Professional ) decided after the WCA. Though with all the backlogs it may well be delayed a year or more.
Hope this helps.
David

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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1 month 1 week ago #294195 by BV
How do you know if you have enough NI Credits if never worked, but been in normal ESA SG since turning 18?

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1 month 1 week ago #294197 by David
Hi BV,

You can check your National Insurance record using the government service below.
www.gov.uk/check-national-insurance-record

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: BV

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1 month 1 week ago #294208 by BV
Okay, when looking at the records of recent years and past gaps, how can this information be used to determine current eligibility?

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1 month 1 week ago #294212 by David
Hi BV,

I am unable to give personal Benefits advice on this and it would be appropriate for you to contact a local Advice agency.
However you can find the rules regarding the contribution conditions for New Style ESA in the link below to the gov.uk site.

www.gov.uk/guidance/new-style-employment-and-support-allowance

Hope this helps,
David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: BV

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