ESA - please help as confusing information given

Hi
Could someone please advice, either confirm what I think or correct me if I am wrong. thank you

EEA national started working in Feb 2016. She had an accident at work and became temporarily unable to work and went on sick. Isn’t entitled to SSP because she earned around £90-£100 weekly. Made a claim for ESA.

Is she actually entitled to ESA? I thought she was. However I talked to CAB adviser who said that she wasn’t because she wasn’t employed for 2 years.

The person is still employed now, just unable to work.

thank you and sorry if this is an obvious answer but I got confused by the advice from CAB.
thanks

A worker can retain their worker status if they are temporarily unable to work due to illness or accident (eligibility for benefits continues whilst the person recovers). Should be fine in theory.

See Temporarily unable to work here EEA nationals - claiming benefits as a former worker

Paul_Treloar_AgeUK - 12 January 2017 03:31 PM

A worker can retain their worker status if they are temporarily unable to work due to illness or accident (eligibility for benefits continues whilst the person recovers). Should be fine in theory.

See Temporarily unable to work here EEA nationals - claiming benefits as a former worker

exactly what I read and thought, not sure why CAB mention 2 year employment status?
was this old requirement ??
thank you!

just one more question please.

her partner is now unemployed, he worked part time for 7 months.
can she add him onto her ESA claim or does he claim JSA in his own name?

I was advised by CAB that he should have made a claim for JSA for both of them because she is not eligible for ESA.
completely confused me.

thank you

I think she can claim for them both if they live together as husband and wife. Have no idea what the two years is about.

Zuzana - 12 January 2017 03:12 PM

However I talked to CAB adviser who said that she wasn’t because she wasn’t employed for 2 years.

I think the CAB adviser mixed it up, most likely referring to a permanent right to reside as opposed to retaining worker status due to temp illness, you would need the 2 years for that.

It’s actually on the link Paul posted, CAB’s.

I’m wondering whether at the time the CAB gave the advice partners earnings were too high for IRESA and they were advising her that she likely didn’t have sufficient NI Conts to claim CBESA.

chacha - 12 January 2017 04:07 PM

Zuzana - 12 January 2017 03:12 PM

However I talked to CAB adviser who said that she wasn’t because she wasn’t employed for 2 years.

I think the CAB adviser mixed it up, most likely referring to a permanent right to reside as opposed to retaining worker status due to temp illness, you would need the 2 years for that.

It’s actually on the link Paul posted, CAB’s.

Ah yes, you’re probably correct there.

SamW - 12 January 2017 04:23 PM

I’m wondering whether at the time the CAB gave the advice partners earnings were too high for IRESA and they were advising her that she likely didn’t have sufficient NI Conts to claim CBESA.

sorry could you please explain this? she earned around £90 weekly and he probably the same.

thank you

Zuzana - 12 January 2017 04:35 PM

SamW - 12 January 2017 04:23 PM

I’m wondering whether at the time the CAB gave the advice partners earnings were too high for IRESA and they were advising her that she likely didn’t have sufficient NI Conts to claim CBESA.

sorry could you please explain this? she earned around £90 weekly and he probably the same.

thank you

If his earnings were over the couple’s applicable amount then they would not be entitled to income related ESA. However if she had enough NI contributions she could still claim CBESA for herself. They assess her entitlement to this based on the last 2 complete tax years. So it is possible that they were advising her that she was unlikely to have built up enough contributions over this period to qualify.

Given his level of earnings (i.e. below their applicable amount) I think the explanation given by Chacha is more likely.

SamW - 12 January 2017 04:23 PM

I’m wondering whether at the time the CAB gave the advice partners earnings were too high for IRESA and they were advising her that she likely didn’t have sufficient NI Conts to claim CBESA.

that was my guess.

Hi
thank you for your advice.
just to let you know the client came to our office today and ESA income based is in payment for her and her partner.
thank you

Zuzana - 19 January 2017 02:53 PM

Hi
thank you for your advice.
just to let you know the client came to our office today and ESA income based is in payment for her and her partner.
thank you

hooray, thanks for letting us know.