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

problems claiming new style ESA

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Holly1989
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Social Welfare Law Unit Citizens Advice Sefton

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Hi,

Can anyone help please?

We are in a UC full service area. Client usually works part time 16 hours p/w, claims Housing Benefit PIP ER DL and Working Tax Credits. Client is in receipt of SSP which is coming to an end in 3 weeks. Client meets contribution conditions for ESA.

Client will need to make a claim for New Style ESA as her SSP is ending. For this I will assist her to complete the form then arrange an apt at Jobcentre Plus to hand in the form/ID etc.

However, will this have an impact on her Housing Benefit (even though it is New Style ESA)? Will she have to claim housing costs through UC (even though New Style ESA)?

Thank you!

Benny Fitzpatrick
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Welfare Rights Officer, Southway Housing Trust, Manchester

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Does she have a current HB award in payment? If so, it should be just a change of circs for HB purposes.

Holly1989
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Yes she has a current HB award in payment. However, our local council website states ...

“Stopping an existing claim when a claim to Universal Credit-Full Service is made: If a new claim to Universal Credit Full Service is made, and there is a current Income-based Jobseekers Allowance; Income-related Employment Support Allowance; Income Support; Housing Benefit or Tax Credits claim then Universal Credit Full Service will contact Benefit Centres/Local Authorities and/or H M Revenue & Customs to stop the existing claims.”

Is a claim for “New Style ESA” considered a “new claim to UC”?

Thanks

Daphne
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No a new claim to new style ESA is for a contributory benefit and is completely separate from a claim to UC - your client should be fine so long as she keeps her HB claim going - doesn’t matter it the amount varies so long as the claim continues

grant
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Hi Holly,

concur with Daphne. New style ESA is not, in itself, a claim for UC. Since there is an existing HB claim my view is it should continue.

Holly1989
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Thank you thank you! It’s just I had read that people had been told to claim UC as well as New Style ESA.

Benny Fitzpatrick
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JCP are very keen to get people into the “lobster pot”, and are likely to give the impression that she must claim UC in order for the claim to be accepted. I get the impression that the call-centre staff in particular have not been fully trained on conts-based benefits entitlement.

However, I have found persistence (and a particularly helpful UC manager at the local jobcentre-Thanks!) pays off in the end.

Holly1989
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Benny Fitzpatrick - 06 March 2018 08:51 AM

JCP are very keen to get people into the “lobster pot”, and are likely to give the impression that she must claim UC in order for the claim to be accepted. I get the impression that the call-centre staff in particular have not been fully trained on conts-based benefits entitlement.

However, I have found persistence (and a particularly helpful UC manager at the local jobcentre-Thanks!) pays off in the end.

Thank you! Persist I will then! :)

Aparna
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One of my client has faced a similar situation. She and partner are self employed in UC full service area and were claiming DLA and WTC. When partner fell sick he phoned up DWP and was advised to claim UC. Their income did not qualify them for UC and the claim to WTC ended. They were not advised to claim New Style ESA. Should they make a complaint?

Andrew Dutton
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A bit late to add advice but yes, complain!

Apropos of all of this - if the claimant sends in their own ESA1(UC) without phoning the service centre and getting all that blather, is there any way in which this can be seen as an incomplete/defective claim?

Philippa D
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It shouldn’t be seen as defective or incomplete. In fact, the manager at my local Jobcentre actually recommended that people claim this way.

The downside to this method is the date of contact. If you phone the helpline then that is the initial date of contact. If you don’t use the helpline, the date you hand the form in will be your initial contact. Since you may need an appointment, this means a delay. The claim can still be backdated, but obviously a later date of contact means a later date for maximum backdating.

Andrew Dutton
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In this case DWP have been alerted to the situation since January (three times, in writing) and have simply not replied until today.

Andyp5 Citizens Advice Bridport & District
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Andrew Dutton - 06 April 2018 03:58 PM

In this case DWP have been alerted to the situation since January (three times, in writing) and have simply not replied until today.

Making a claim and date of claim for new style ESA in writing is covered by regs 15 and 16 UC,PIP,JSA and ESA (claims and Payments) Regs 2013.

Also includes references to defective claims but that is a different issue etc etc. There is also a reference to appropriate office which is covered by reg 2 which i’m assuming covers job centres and benefit centres. Sweet & Maxwell vol 5 page 758 for regs 15 and 16 referred to above.

Making claims and date of claim by phone is regs 13 and 14 page 757.

Unfortunately, every NESA claim seems a trial at every stage, let us know how you get on Andrew!

 

 

 

 

 


[ Edited: 6 Apr 2018 at 05:53 pm by Andyp5 Citizens Advice Bridport & District ]