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Complicated situation re ESA/UC
- Aly
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3 years 1 month ago #267144 by Aly
Complicated situation re ESA/UC was created by Aly
Hi there
I wonder if anyone can help me work out what the situation is likely to be for me re UC/ESA. I have applied for both but am not sure which I am likely to get, and also not sure if I even need to be applying for UC at all. Many apologies for how complicated this is.
My situation is this:
- I am disabled (on PIP) and can work 12 hours a week, flexibly and from home. This is the only way I have been able to work since 2014. I haven't claimed ESA or UC before, though, because I have managed to earn enough not to need to.
- I just completed an MA (it took me an extra five months and was entirely remote study). I couldn't work during the MA but didn't claim ESA because I didn't understand the system. I was also worried applying for ESA might trigger a PIP reassessment which I wouldn't have been able to cope with while studying.
- As soon as I finished the MA (10 days ago) I got a fit note from my GP, who signed me off for three months, and applied for ESA and UC. I had just started working 2-3 hours a week for a new client so I declared that on the UC form and also how many hours I was able to work in total.
- I have not heard back from ESA yet - if I am already working 2-3 hours a week will I be turned down for it?
- I have already been told to come into the job centre to prove to UC that I am self employed. I was self employed right up until I started the MA, but haven't earned anything in the last financial year, so I'm not sure this is necessary. I am looking for whatever work I can get, either employed or self employed - it's just very hard to find entirely remote and flexible jobs for 12 hours a week. I am clinically vulnerable so do not want to go into a jobcentre if I don't need to.
- I have a mortgage and don't have children, so as far as I can gather, UC won't give me anything on top of ESA. Is that right? Should I just cancel my UC claim altogether? But then if I get turned down for ESA will I have to then restart my UC claim and wait an extra five weeks for benefits?
I haven't had any income except PIP for five months and have lived off credit and selling my possessions while struggling to complete my deferred MA, so I can't wait much longer for benefits.
Thanks in advance to anyone who can wade through this!
I wonder if anyone can help me work out what the situation is likely to be for me re UC/ESA. I have applied for both but am not sure which I am likely to get, and also not sure if I even need to be applying for UC at all. Many apologies for how complicated this is.
My situation is this:
- I am disabled (on PIP) and can work 12 hours a week, flexibly and from home. This is the only way I have been able to work since 2014. I haven't claimed ESA or UC before, though, because I have managed to earn enough not to need to.
- I just completed an MA (it took me an extra five months and was entirely remote study). I couldn't work during the MA but didn't claim ESA because I didn't understand the system. I was also worried applying for ESA might trigger a PIP reassessment which I wouldn't have been able to cope with while studying.
- As soon as I finished the MA (10 days ago) I got a fit note from my GP, who signed me off for three months, and applied for ESA and UC. I had just started working 2-3 hours a week for a new client so I declared that on the UC form and also how many hours I was able to work in total.
- I have not heard back from ESA yet - if I am already working 2-3 hours a week will I be turned down for it?
- I have already been told to come into the job centre to prove to UC that I am self employed. I was self employed right up until I started the MA, but haven't earned anything in the last financial year, so I'm not sure this is necessary. I am looking for whatever work I can get, either employed or self employed - it's just very hard to find entirely remote and flexible jobs for 12 hours a week. I am clinically vulnerable so do not want to go into a jobcentre if I don't need to.
- I have a mortgage and don't have children, so as far as I can gather, UC won't give me anything on top of ESA. Is that right? Should I just cancel my UC claim altogether? But then if I get turned down for ESA will I have to then restart my UC claim and wait an extra five weeks for benefits?
I haven't had any income except PIP for five months and have lived off credit and selling my possessions while struggling to complete my deferred MA, so I can't wait much longer for benefits.
Thanks in advance to anyone who can wade through this!
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- Gary
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3 years 1 month ago - 3 years 1 month ago #267150 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Complicated situation re ESA/UC
Hi Aly
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
I don't want to be the bearer of bad news but unless you have paid enough NI then you will not be able to claim NS ESA.
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
if your are self employed and claim UC then Minimum Income Floor (MIF) will come into play, during covid this was suspended, suspension has now been removed.
I would advise you to seek help from your local Welfare Rights Organisation, who can take all you circumstances into consideration; You can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk
If you have any further questions, come back to the forum.
Gary
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
I don't want to be the bearer of bad news but unless you have paid enough NI then you will not be able to claim NS ESA.
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
if your are self employed and claim UC then Minimum Income Floor (MIF) will come into play, during covid this was suspended, suspension has now been removed.
I would advise you to seek help from your local Welfare Rights Organisation, who can take all you circumstances into consideration; You can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk
If you have any further questions, come back to the forum.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 3 years 1 month ago by Gary.
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- Aly
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3 years 1 month ago #267156 by Aly
Replied by Aly on topic Complicated situation re ESA/UC
Hi Gary
Thanks for your reply. I have paid NI contributions consistently for the past decade - I even paid some last tax year though I didn't earn much from self employment as I was at uni for much of the year, so I am pretty sure I am eligible for New Style ESA on that basis. I just don't know if someone who applies for ESA and immediately starts working 2-3 hours a week will be eligible?
Thanks for your reply. I have paid NI contributions consistently for the past decade - I even paid some last tax year though I didn't earn much from self employment as I was at uni for much of the year, so I am pretty sure I am eligible for New Style ESA on that basis. I just don't know if someone who applies for ESA and immediately starts working 2-3 hours a week will be eligible?
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3 years 1 month ago #267188 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Complicated situation re ESA/UC
Hi Aly
The last decade is not taken into account for NS ESA. You can receive 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.
Here are a couple of links in regards to NS ESA; www.gov.uk/guidance/new-style-employment-and-support-allowance and Permitted work; www.gov.uk/government/publications/emplo...itted-work-factsheet
Gary
The last decade is not taken into account for NS ESA. You can receive 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.
Here are a couple of links in regards to NS ESA; www.gov.uk/guidance/new-style-employment-and-support-allowance and Permitted work; www.gov.uk/government/publications/emplo...itted-work-factsheet
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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3 years 1 month ago #267249 by Aly
Replied by Aly on topic Complicated situation re ESA/UC
Hi Gary
Thanks for your reply again and apologies because we seem to have some crossed wires here. I am probably not explaining myself very clearly. I am going to start a new thread that perhaps makes it a bit clearer.
Thanks for your reply again and apologies because we seem to have some crossed wires here. I am probably not explaining myself very clearly. I am going to start a new thread that perhaps makes it a bit clearer.
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