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New Style ESA Claim
- JMC
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1 week 5 days ago #298450 by JMC
New Style ESA Claim was created by JMC
Hello
My husband was self employed but has not work for the past year. He is due to get a diagnosis from his consultant in the next week or so with regard to his inability to work due to illness.
I was advised to apply for ESA on his behalf. I understand that this benefit is not means tested and he has paid all NI payments up to 2023-2024 and for many years before so I think this is sufficient, is this correct?
He also has a small personal pension that he has not yet accessed and is currently saving a small amount into each month, as he had hoped he would not have to access this until he is of pensionable age (currently 63).
When I enquired with the DWP they said he did not have to access his pension yet, and this would not be taken into account when assessing his claim. They only take into account a private or personal pension that you are already receiving regular payments from. Is this correct? Can he still continue to pay a small amount into his personal pension whilst receiving ESA?
Many thanks.
My husband was self employed but has not work for the past year. He is due to get a diagnosis from his consultant in the next week or so with regard to his inability to work due to illness.
I was advised to apply for ESA on his behalf. I understand that this benefit is not means tested and he has paid all NI payments up to 2023-2024 and for many years before so I think this is sufficient, is this correct?
He also has a small personal pension that he has not yet accessed and is currently saving a small amount into each month, as he had hoped he would not have to access this until he is of pensionable age (currently 63).
When I enquired with the DWP they said he did not have to access his pension yet, and this would not be taken into account when assessing his claim. They only take into account a private or personal pension that you are already receiving regular payments from. Is this correct? Can he still continue to pay a small amount into his personal pension whilst receiving ESA?
Many thanks.
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1 week 5 days ago #298460 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic New Style ESA Claim
Hi JMC,
To answer your questions --When I enquired with the DWP they said he did not have to access his pension yet, and this would not be taken into account when assessing his claim. They only take into account a private or personal pension that you are already receiving regular payments from. Is this correct? Can he still continue to pay a small amount into his personal pension whilst receiving ESA?
The answer is that I agree with the DWP--Yes to both.
His Contributions Based ESA is not means tested and is based on his personal NI history.
I expect he is receiving New Style ESA.
Did the Jobcentre ask him to agree a Claimant Commitment?
David
To answer your questions --When I enquired with the DWP they said he did not have to access his pension yet, and this would not be taken into account when assessing his claim. They only take into account a private or personal pension that you are already receiving regular payments from. Is this correct? Can he still continue to pay a small amount into his personal pension whilst receiving ESA?
The answer is that I agree with the DWP--Yes to both.
His Contributions Based ESA is not means tested and is based on his personal NI history.
I expect he is receiving New Style ESA.
Did the Jobcentre ask him to agree a Claimant Commitment?
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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1 week 5 days ago #298491 by JMC
Replied by JMC on topic New Style ESA Claim
Thank you David for clarifying. Much appreciated.
We have not started the process yet, I just made an initially enquiry so they have not as yet asked for a claimant commitment. May I ask what that is? I have LPA for my husband and will be calling them to make the application.
I am hoping that my husband's NI payments up to 2023-2024, and full payment for many years before are sufficient, is this correct? And imagine we need to start the process before 31 March 2025
We are just waiting on the diagnosis from his consultant who we are meeting next week. I thought this would help his application.
We have not started the process yet, I just made an initially enquiry so they have not as yet asked for a claimant commitment. May I ask what that is? I have LPA for my husband and will be calling them to make the application.
I am hoping that my husband's NI payments up to 2023-2024, and full payment for many years before are sufficient, is this correct? And imagine we need to start the process before 31 March 2025
We are just waiting on the diagnosis from his consultant who we are meeting next week. I thought this would help his application.
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1 week 5 days ago #298492 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic New Style ESA Claim
Hi JMC,
Here is the official guidance from the DWP regarding the Claimant Commitment.
www.gov.uk/government/publications/unive...an%20ongoing%20basis.
As you have LPA your husband will not be expected to sign a claimant commitment.
You will have to check your husbands National Insurance contribution record. You can do this online on Gov.uk.
www.gov.uk/check-national-insurance-record
Let me know how you get on.
David
Here is the official guidance from the DWP regarding the Claimant Commitment.
www.gov.uk/government/publications/unive...an%20ongoing%20basis.
As you have LPA your husband will not be expected to sign a claimant commitment.
You will have to check your husbands National Insurance contribution record. You can do this online on Gov.uk.
www.gov.uk/check-national-insurance-record
Let me know how you get on.
David
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1 week 4 days ago #298500 by JMC
Replied by JMC on topic New Style ESA Claim
Thank you David, really helpful.
I'll let you know.
JMC
I'll let you know.
JMC
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