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

New style ESA claim form now available online!!

 

Daphne
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After a mere three years or so of requesting this, the ESA1 for new-style ESA is now available on gov.uk - https://www.gov.uk/government/publications/new-style-employment-and-support-allowance-esa-claim-form

It instructs you to book a ‘new claim’ appointment at your jobcente and take the form to the appointment

     
Ken Butler
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Hi Daphne,

The NSESA claim pack going online is good news.

But would you believe it?

The new webpage also contains signposting to this link -
“Check you’re eligible for new style ESA before you apply”
https://www.gov.uk/employment-support-allowance/types-of-esa
- that says there are 3 types of ESA including -

“Contribution-based ESA

You can only apply for contribution-based ESA if you have an illness or disability that affects your ability to work, and you either:

  get the severe disability premium
  got the severe disability premium within the last month and you’re still eligible for it

You’ll also need to have been an employee or self-employed and paid National Insurance contributions, usually in the last 2 to 3 years. National Insurance credits can also count.”

Would you be able to raise this?

     
Charles
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What’s incorrect about that?

     
Ianb
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While it’s good to see the form online the poor (ill) claimant still has to get through on the UC helpline to book their JobCentre appointment which the form says may last 80 minutes.

     
Timothy Seaside
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Charles - 07 March 2019 04:51 PM

What’s incorrect about that?

It might be more helpful to explain why it’s (mostly) correct.

I think the confusion is probably around the fact that you have to be getting IR-ESA* to get an SDP, so where does C-ESA come into it? The answer is that getting IR-ESA or HB with an SDP doesn’t stop you getting C-ESA, or NI credits. So the SDP Gateway restriction applies equally to IR-ESA and C-ESA.

But I think it’s wrong to say “the SDP” because the regs say “an SDP” - and any SDP will do.

*or IB-JSA, IS, or HB

     
Charles
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I mostly agree. I would only add that if you’re getting IR-ESA then you can get C-ESA even if you’re not entitled to an SDP.

I think the government refer to ‘the’ SDP because they look at all the disability-related premiums as being discrete from the various income-related benefits. See this whole guide, for example: https://www.gov.uk/disability-premiums-income-support

     
Timothy Seaside
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Charles - 08 March 2019 11:35 AM

I mostly agree. I would only add that if you’re getting IR-ESA then you can get C-ESA even if you’re not entitled to an SDP.

But if you’re already getting IR-ESA and you’re entitled to C-ESA then you should already be getting C-ESA, no? I think the page is about when you can apply for the different types of ESA.

So if you were getting C-ESA and IR-ESA without an SDP and the ESA stopped, your next claim would have to be for UC/new style ESA/JSA.

     
Ken Butler
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Hi,

It was’nt just the reference on the gov.uk linking reciept of the severe disability premium to old style CBESA eligibility.

Given the full roll-out of UC, is it still possible to make a new claim for old style CBESA?

Gov.uk says - “You can only apply for contribution-based ESA ...”

     
Timothy Seaside
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The short answer is, yes.

For example, if you were working and claiming HB with an SDP, and then gave up work to claim ESA, it would* be C-ESA.

Edit: *depending on the NI situation, obviously

      [ Edited: 8 Mar 2019 at 01:58 pm by Timothy Seaside ]
Ianb
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Ken Butler - 08 March 2019 12:37 PM

Given the full roll-out of UC, is it still possible to make a new claim for old style CBESA?

Gov.uk says - “You can only apply for contribution-based ESA ...”

Yes.I have done one recently - although it took some persuading ESA claim line that an SDP actually existed under HB and claimant was therefore permitted to claim ESA (indeed required to claim) rather than UC.

     
Charles
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Timothy Seaside - 08 March 2019 12:19 PM

But if you’re already getting IR-ESA and you’re entitled to C-ESA then you should already be getting C-ESA, no? I think the page is about when you can apply for the different types of ESA.

I was thinking of a case where C-ESA ended due to time-limiting, but IR-ESA continued. In such a case later entitlement to C-ESA (if claimant’s condition deteriorates, and they have LCWRA) can restart despite not having an SDP.
It is of course more common the other way round, where someone who only has as an award of C-ESA becomes entitled to IR-ESA.

So if you were getting C-ESA and IR-ESA without an SDP and the ESA stopped, your next claim would have to be for UC/new style ESA/JSA.

Yes, agreed.