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ESA Contribution Based Changes

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2 weeks 1 day ago #301097 by freefee
ESA Contribution Based Changes was created by freefee
BACKTOBACK said:
Hi, i dont understand Liz Kendalls speech today regarding changes to Contribution Based ESA. It says you will be expected to look for work and it will be time limited?
I am currently receiving contribution based ESA in the support group, high rates of PIP and no other income related benefits.
I am stressed i think with a lot of other people not understanding what is happening.
If anyone knows more or understands the speech better please let me know.
Thank you for any help
It's not entirely clear but refer to the Green paper (which many disabled people myself included are going through now).. my first reading is merge both together, no test, give different name, pay at ESA rate, time limit but not established (the minister was asked today and said it will be consulted on), possible time limit affecting only new claims... requirement to engage in seeking work but with caveats for disabled.

www.gov.uk/government/consultations/path...-working-green-paper
Per the government's Green Paper, that seems to be* basically all we know. Once someone's unemployment insurance ends people will either have to claim UC or - as is sort of the case now for people who don't have the NI credits to be able to claim ESA but have too much income or savings for UC - have no financial support (other than PIP) if they don't qualify for means-tested benefits.

"53. Unemployment insurance would be a new non-means tested entitlement for people who have contributed into the system. It would be created by replacing contribution-based Jobseeker’s Allowance (JSA) and Employment and Support Allowance (ESA) with a new single entitlement, paid at the current ESA rate (currently £138pw) and will be time-limited. … People claiming this would be expected to actively seek work, with easements for those with work-limiting health conditions.
54. Alongside levelling up the rate, this change would end the indefinite entitlement to contributory ESA for those assessed as having limited capability for work-related activity (for new people claiming). Those unemployed after the time-limited period would be able to claim UC, depending on their personal circumstances. … "

www.gov.uk/government/consultations/path...-working-green-paper (Warning: it may be a distressing read. I for one am livid.)

*NOTE: I have not read it all thoroughly yet, only skimmed it. So I may have missed whether there's anything about protections for current ESA. Also while some measures are planned to be brought in soon, some will take years as new systems will need to be designed and implemented.
I'm carefully focussed on the wording of
"54. Alongside levelling up the rate, this change would end the indefinite entitlement to contributory ESA for those assessed as having limited capability for work-related activity (for new people claiming). Those unemployed after the time-limited period would be able to claim UC, depending on their personal circumstances. "

The reference to new people claiming suggests to me existing claimants may not be time limited but I'm wary that it is the only such reference I can find in the green paper.

In terms of claiming UC... that might depend on timing of your application and any rules regarding protection in transferring over to UC. It gets messy because entitlement to the health component of UC will depend on rules applicable... for existing claimants before April 2026 it looks like they'd protect the LCWRA amount indefinitely and freeze it until 2029/30.... but for new claims they'd only get £50 a week for what is now the LCWRA (soon to be health element)... however there is a poorly defined potential premium to top up for the most severely disabled.

So it's a case of watching the detail, protections for existing claimants and timelines I'd say. Importantly if you claim ESA and UC the ESA is deducted in full from UC award.... but whether UC (for someone inherently eligible due to low income and savings etc) will replace in full a previous award of ESA seems to come down to details not known... and if that remains the case I do wonder if we'll see a spike in ESA claimants applying for UC early next year to gain potential protections that are still unclear.

copied and pated from mse forum, it is something wort looking at, must remember these are just proposals at the moment, i think likely to go through, but how long it will take who knows
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2 weeks 1 day ago #301107 by David
Replied by David on topic ESA Contribution Based Changes
Hi freefee

Thanks for your observation. I have heard that there may be Transitional Protection. As you say these are proposals and they will need to go through Parliamentary Committee.

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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1 week 4 days ago #301500 by cats6
Replied by cats6 on topic ESA Contribution Based Changes
This section interests me.. it says for new claims
However someone with an established
NS ESA support group claim
I wonder if the PIP 4 point rule would affect them.. Or they would just lose the daily living part of pip and still keep the NS ESA SG benefit.

{Seems strange these red Tories would allow that, when they are removing LCWRA and cutting payment on the health element of UC and only proposing that 'replacement premium '
(Very elusive replacement disability premium)

Oh and to add those claimant who will not be missing out on the UC health element cut.. Will they at some point be put onto this replacement premium 🤔 or it will be kept for new claims only.

"54. Alongside levelling up the rate, this change would end the indefinite entitlement to contributory ESA for those assessed as having limited capability for work-related activity (for new people claiming). Those unemployed after the time-limited period would be able to claim UC, depending on their personal circumstances. "
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