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New Style ESA?

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4 weeks 1 day ago #300460 by KB
New Style ESA? was created by KB
My son has both physical and mental health conditions that mean that he has never been able to work and has always been in the ESA Support Group.

As his parent/carer I am supporting him in his migration to Universal Credit. He has had confirmation via his online journal that he does not have to provide fit notes etc. as his Support Group status migrates across with him.

Am I right in believing that he will not be assigned a work coach?

The problem is - he has received a letter, I assume from ESA(ESA98) telling him that his 'contribution-based' ESA will end (plus IR ESA) and he must apply for New Style ESA and that he will receive another letter to arrange an appointment at the Job Centre to complete a Claimant Commitment and complete a New Style ESA application?

He would not cope physically or mentally with having to attend an appointment.

But isn't New Style ESA only for people who have been employed and paid NI contributions?

Could the letter be just a computer-generated letter that everyone receives as their UC 'apply by' date nears?

I rang the number on the letter for help to understand and to explain that my son has never been employed but was told that he was on contribution-based ESA?? How can that be? Am I misunderstanding what contribution-based means?

We are so confused, anxious too because he has never at any time been able to work so I assume, only NI credits?
Why are they saying that he must apply for New Style ESA? He has sent a message via his UC journal to ask,
isn't New Style ESA only for people who have been employed?

How many types of ESA are there It is all so confusing . . . I can only confirm, as my son's parent/carer, that he has never been employed.

He has a disability since birth as well as having mental health problems since his teens.

He was able to prove his identity online. Can he not agree a Claimant Commitment online?

This is all so stressful, we his parents are elderly and really struggling.

Thank you so much for any suggestions.

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4 weeks 1 day ago #300461 by David
Replied by David on topic New Style ESA?
Hi KB

As your son will be in the No Work Related Requirements conditionality group he will not have a named Work Coach. This means that his UC Journal messages will not go to a particular individual but to a shared inbox if he chooses the recipient to be Message for Work Coach. So for Journal Messages you can use the option A Payment and then the message will go to the UC Case Manager in the Service Centre.
Have you thought of becoming your son's Appointee which is a function that applies only to DWP Benefits. Here is some information on it-
www.gov.uk/become-appointee-for-someone-claiming-benefits

I assume he must have applied for and was given Contributions Based Credits Only ESA. A lot of people are advised by Support Workers/Welfare Advisers to claim it in order to exploit a UC loophole when they are older.
On Managed Migration, Conts based ESA automatically becomes New Style ESA and with that everyone has to agree a claimant commitment ( unless there is an appointee )
If you read other Forum members posts a lot have had a summons to the Jobcentre regarding the New Style ESA but on request/complaint the Jobcentre has agreed to change the interview to a telephone one.

Let me know how you get on.
David

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

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4 weeks 1 day ago #300462 by robreay
Replied by robreay on topic New Style ESA?
How long has your son been on ESA? It's possible that he qualified for the contributory version of ESA under the old ESA in Youth rules. This was for people under the age of 20 (or under 25 if in continued full time education) who hadn't been able to build up NI contributions because the person was classed as severely disabled as a child. The rule was introduced after Severe Disablement Allowance (SDA) was closed to new claims in April 2001. One of the qualifying rules for SDA was that particular under 20 / under 25 rule.

The rule was carried forward to Incapacity Benefit (IB, the then main sickness benefit) from April 2002, which allowed young severely disabled people to claim IB despite having no NI contributions. Under IB it was known as the Incapacity in Youth scheme. When ESA replaced IB in April 2008, the scheme was carried forward to ESA. However, this rule was removed in April 2012 meaning that no new claims under the ESA in Youth rules could be made.

Your son wil need to complete a Claimant Committment to receive new style ESA. However, this can be done over the phone. Your son / yourself can ask for the in-person appointment at the JobCentre to be changed to a telephone appointment.
The following user(s) said Thank You: David

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3 weeks 6 days ago #300507 by KB
Replied by KB on topic New Style ESA?
Thank you so much David. That is really helpful and much appreciated.
The following user(s) said Thank You: David

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3 weeks 6 days ago #300509 by KB
Replied by KB on topic New Style ESA?
Hi Robbie

I'm sure my son received IB from his mid teens, around the mid/late 1990s?
As far as I recall he had to switch to ESA around 2014 and had to complete an ESA50?

Thank you so much for the additional info.




I've just always assumed that he was receiving NI credits?

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3 weeks 6 days ago #300511 by KB
Replied by KB on topic New Style ESA?
Hi Robbie

I'm not sure if I pressed 'submit' when I replied to thank you for your helpful, additional information.

I was saying that my son received IB until having to switch to ESA in his mid teens around the mid/late 1990s.

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