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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

abolition of ESA Youth

adviceplus
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Rhondda Cynon Taff CBC (Welfare Rights Project)

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Total Posts: 29

Joined: 17 June 2010

As I understand the changes from April
1. there will be no new claims for ESA(Y) as the concept of crediting the NI contributions will be abolished

2 .Young people currently on ESA (Y) will all be time limited to 12 months and the Impact paper seems to imply that this will be the case even if the claimants are presently in Support group?

  What is to happen to the Incapacity in youth claimants that are transferred and come in the ESA Support group will they be indefinetely entitled or will their “in youth” status override their support group status?
The oldest Incap in Youth claimants by my calculation would now be aged 31 so it would not just be impacting on young people
  .
Also, if this NI concession is seen as the difference , all SDA claimants were given that same concession when they made their claim as that benefit emerged from “Non Contributory Sickness Benefit ”  and they can transfer and qualify under the Support Group…

If anybody can point me to the info or show me that I ‘ve got it wrong,  most grateful as I am to meet with Parents and Carers of young disabled shortly

Gerda

Jane OP
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The National Autistic Society, Welfare Rights, Nottingham

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Joined: 13 January 2011

Hi,

Looking at the bill, I think that IB (Y) claimants will be able to get CB ESA if they are in the support group. (I’m looking at section 52, (5)(b)

Jane

Ros
Administrator

editor, rightsnet.org.uk

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Joined: 6 June 2010

hi

here’s a link to clause 52 -

http://www.publications.parliament.uk/pa/bills/lbill/2010-2012/0075/lbill_2010-20120075_en_7.htm#pt2-ch2-pb1-l1g52

see also dwp adviser update about it -

http://www.dwp.gov.uk/adviser/updates/proposed-changes-to-contribution/

says that -

‘People who have already received contribution-based ESA for 12 months or more in the Work Related Activity Group will have their benefit stopped as soon as the change is introduced.

The Bill also proposes to remove the special rules that allow some young people to receive contribution-based ESA without paying National Insurance contributions. These are people aged between 16 and 20, or under 25 if in education or training at least 3 months immediately before turning 20.

If the Bill is passed, anyone from this age group claiming ESA will have to meet the same National Insurance contribution conditions as all other claimants. If they qualify for, or are already receiving, contribution-based ESA, and are placed in the Work Related Activity Group, the 12 month time limit will also apply.

The time-limiting proposal does not affect claimants in the Support Group or those receiving income-related ESA. Any time spent in the Support Group will not count towards the 12 months.’

cheers ros