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Forum Home  →  Discussion  →  Other universal credit issues  →  Thread

Conts based ESA and uc

 

LJF
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Benefits Caseworker Manchester Citizens Advice Bureau

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Joined: 12 July 2010

If someone gets conts based ESA old style. If his wife loses her job and they need help with rent. Have to claim UC. Will his conts based ESA stay in payment. So if his wife gets a new job then he will still get ESA. Thanks

     
Ianb
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Macmillan benefits team, Citizens Advice Bristol

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Yes, the contribution based ESA will continue in payment and the UC payment reduced by the ESA amount.

     
K C
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Citizens Advice Hammersmith & Fulham

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Hi there,

I am after clarification of whether a client on legacy benefits (housing benefit and working tax credits), who loses a job and therefore the working tax credits, can claim New-style ESA/JSA without affecting the legacy benefits.

The prevailing wisdom says a claim for any JSA or ESA, including ‘New-style’ JSA or ESA, will bring a client ‘under the UC system’ but I have not found anything definitive to say that this is distinct from a ‘UC claim’. Really awkward and unhelpful semantics. (CPAG 2019/2020 pp. 23, 25, 26, 645, 703)

CPAG (2019/2020 p26) has said that people experience problems claiming contribution-based ESA or JSA under UC system because the DWP have erroneously advised that UC replaces them. Although this clearly relates to income-based JSA/ESA, it does not exclude new claims for contribution-based ESA/JSA from having legacy benefits stopped.

I’d like to confirm that this would merely be a change if circumstances for legacy benefits and would be considered neither an application under the UC system nor a trigger requiring a move to Universal Credit. 

Would love a brain-untangle please!

     
Daphne
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New-style JSA and ESA are contributory benefits and therefore completely separate from UC and can be claimed without disrupting other legacy benefits - so yes they can claim either - new style JSA is quite easy as online - https://www.gov.uk/guidance/new-style-jobseekers-allowance#how-to-claim-new-style-jobseekers-allowance. New style ESA - you can now download a form and print it off - https://www.gov.uk/guidance/new-style-employment-and-support-allowance#how-to-claim - or ring the UC helpline to get a form but that can sometimes be tricky.

     
DWRS
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Durham County Council Welfare Rights

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I have someone who claimed new style ESA (In January 2019 and therefore not protected by SDP rules) who gets enhanced PIP DL and has just been placed in Support Group following a medical. He would have been entitled to additional premiums. Because its new style ESA can he submit an ESA3 for the income related top up or is that not possible now? Or would it be a UC top up? In which case would he need to claim UC and keep a journal etc. He is profoundly deaf and uses BSL to communicate. He wouldn’t be able to manage a journal at all.

Many thanks

     
HB Anorak
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benefits consultant/trainer, hbanorak.co.uk, east london

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You haven’t said anything about his housing situation and in particular whether he has been on HB all this time: that will have some impact on his options.

     
DWRS
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Durham County Council Welfare Rights

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Unfortunately no HB in payment as he is a home owner. He was working up to December 2018.
Thank you

     
Income Max
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Weymouth & Portland Citizens Advice

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New style ESA cannot be topped up by income-related as income-related ESA is abolished by a new-style ESA claim. (HB and tax credits are not abolished.)