× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

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

New Clam for ESA IB not CB

CAH-Adviser
forum member

Havering Citizens Advice

Send message

Total Posts: 318

Joined: 5 August 2010

Cl made a new claim for ESA last year. Cl was advised that she has been placed in the SG.  Cl tells me that she has never received a payment because of partner’s earnings.  Cl does not remember a claim being made or completing any forms, only attending the medical and being told she would be placed in the SG.  What are the rules with regards to making a new clam for ESA, should the claimant be assessed for both IB and CB or is it left to the Cl to know which they should claim for.  Cl has paid enough NI, and as she is in the SG I am wondering if we can request an anytime review?
Many thanks.

stevenmcavoy
forum member

Welfare rights officer - Enable Scotland

Send message

Total Posts: 868

Joined: 22 August 2013

Cookie - 16 May 2017 04:35 PM

Cl made a new claim for ESA last year. Cl was advised that she has been placed in the SG.  Cl tells me that she has never received a payment because of partner’s earnings.  Cl does not remember a claim being made or completing any forms, only attending the medical and being told she would be placed in the SG.  What are the rules with regards to making a new clam for ESA, should the claimant be assessed for both IB and CB or is it left to the Cl to know which they should claim for.  Cl has paid enough NI, and as she is in the SG I am wondering if we can request an anytime review?
Many thanks.

ESA form asks if you want to claim income related.  if the person ticks no then they arent under an obligation to check for ir is my understanding.

id maybe get a copy of the original decision on the claim.  that would tell them if there was a decision on conts based as im assuming they done that and decided they didnt meet the tests (or just made a huge admin error).

CAH-Adviser
forum member

Havering Citizens Advice

Send message

Total Posts: 318

Joined: 5 August 2010

Thanks Steve that’s what I thought…I remember reading about it somewhere. I think it’s bad that it is left up to the Cl because most of Cl’s don’t know the difference. If it was a Ib claim, do you know if Cl can re-apply for IR. I believe they have been paying her NI contributions?

Many thanks.

Cordelia
forum member

Welfare rights officer - Wrexham Council Welfare Rights Team

Send message

Total Posts: 149

Joined: 16 June 2010

Hi Cookie,

regardless of whether she asked to be assessed for income-related ESA or not they should have checked her eligibility for contribution based ESA.  If she appears to have met the conditions for an award of contributory ESA then I agree, ask ESA for an explanation. 

If her partner is working she may not meet the conditions for income-related ESA regardless of whether she is in the support group or the WRAG.  If her partner’s income has gone down she could make a claim for income-related ESA now.  I’ve seen different opinions as to whether this would be seen as a new claim or a supercession of her credits only claim.  Either way she should be entitled to the support component straight away without serving another 13 week assessment period.

Do you know what her partner’s income is?

CAH-Adviser
forum member

Havering Citizens Advice

Send message

Total Posts: 318

Joined: 5 August 2010

Hi Cordelia,

Thank you, I thought that this was the case, but did think I read somewhere that it is down to the claimant to claim CB ESS. But then, how would anyone know what to claim!?

She is not entitled to IB ESA because partners income is too high. Cl received SSP for 28 weeks then thinks she made a claim for ESA, although she believe she went straight for Medical assessment and didn’t complete forms.  She has worked all her life until too sick, and paid full NIC’s, so definitely entitled to CB…but it was never paid, this was over a year ago and she is in SG. Therefore, I wonder if we could request an anytime
Review of the decision. The only thing I was unsure of is whether or not the dept should have assessed her CB claim as well as IB claim…

Many thanks for your response.

Cordelia
forum member

Welfare rights officer - Wrexham Council Welfare Rights Team

Send message

Total Posts: 149

Joined: 16 June 2010

Hi Cookie,

she can’t claim ESA without being assessed for contributory ESA.  The only bit she can opt out of is the income-related ESA. 

Her memory of claiming without completing either a claim form or an ESA50, and being told (I assume she means verbally?) that she was being placed in the support group, is unlikely.  If she was my client I would be ringing ESA and asking whether she had ever made a claim, and if so what decision had been made.

If she worked up until last year then even if there is no record of a claim being made, she might still be able to claim now and meet the contribution conditions.