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ESA Contribution Based Question

MarkWood
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Welfare Benefits Advisor, Mid Wales Housing Association

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Hi All
I have a couple to see.
Mr gets ESA(C) @ £113.55 per week (ESA plus Support Group).
He also gets PIP Daily Living Standard £59.70 and Mobility Standard £23.60
He has a small private pension at £200.00 per month.
Wife is about to be made redundant and so is eligible for JSA(C) £74.35 per week.
She also gets PIP Daily Living Standard £59.70 and Mobility Enhanced £62.25.
No one else in household and no Carers Allowance being claimed.

Using EntitledTo and it’s saying UC - ESA(C) £113.55 per week plus JSA(C) £74.35 per week plus UC of £62.84 per week
Using Poilcy in Practice and it’s Saying ESA(C) £113.55 per week plus JSA(C) £74.35 per week plus ESA(IR) £80.35 per week, plus HB @ £80.91per week
Turn2Us is different too.

If she makes a claim for JSA(C), does he need to notify a Change of Circs for his ESA(C) payment and should they pick up a SDP each to take his ESA(C) to ESA(IR)? Then this would allow a Housing Benefit claim too (if they both get an SDP)??

Confused on this one

Va1der
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Welfare Rights Officer with SWAMP Glasgow

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Is his ESA new-style or old-style?

Elliot Kent
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Shelter

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The calculations seems correct to me.
(UC is SA + LCWRA + HCE = £1286.57 less £1014.23 in contributory benefits and pensions = £272.84 pcm or £62.84 per week
ESA is PA + LCWRA + couple EDP + double SDP = £314.40 less £234.05 in contributory benefits and pensions = £80.35 weekly plus passporting to full HB.)

As you’ve identified, the question is whether the current ESA claiming husband is able to bolt on an income related entitlement to his award - if he can do this, then they can get the double SDP which in turn enables a HB claim. If they can’t do it, then they are functionally going to be lobster-potted to UC.

The answer depends on whether the husband’s award is for old-style or new-style ESA. It is only possible for this bolt-on to be done with old-style ESA (which has both income related and contributory versions) and not with new-style ESA (which is always contributory). The main thing you probably want to find out is when the husband claimed ESA - if it was before the UC rollout, then it is very likely old-style.

(One point I would add is that the wife claiming cbJSA isn’t really doing anything here, because it is just being taken off the means tested benefit. If they end up on irESA, then she may take the view that there is no point claiming it and therefore being exposed to jobseeking rules and sanctions. If they end up on UC, then a better option might be for her to apply for the carers element - if the facts fit. This would not compromise the SDP because obviously they wouldn’t be getting it to begin with.)

Edit: which I suppose is just a long winded way of copying Va1der’s response…

[ Edited: 2 Dec 2020 at 07:16 pm by Elliot Kent ]
Ianb
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Macmillan benefits team, Citizens Advice Bristol

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Elliot Kent - 02 December 2020 07:01 PM

(One point I would add is that the wife claiming cbJSA isn’t really doing anything here, because it is just being taken off the means tested benefit. If they end up on irESA, then she may take the view that there is no point claiming it and therefore being exposed to jobseeking rules and sanctions.

It would of course give her Class 1NI credits which she may want as she wouldn’t get any as a partner on his ESA claim

MarkWood
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Welfare Benefits Advisor, Mid Wales Housing Association

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In the case I have asked about the husband is getting Old Style ESA(C) with the Support Group. This has been in payment since 2008.

Based on this what’s the best avenue to take with regards to the situation?

I should get the husband then to just report as a Change of Circs to ESA and then the ESA(C) would move to ESA(IR) with both getting an SDP (due to the PIP Daily Living Rates) and follow up with a HB application?

[ Edited: 3 Dec 2020 at 05:50 am by MarkWood ]
Vonny
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Welfare rights adviser - Social Inclusion Unit, Swansea

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As he is (coz since 2008) clearly on old style ESA and in the support group he could claim CA for looking after her, it will not be paid and can have double sdp and carers premium on income related ESA
though this comes with a warning about whether it would be used against him in next PIP renewal and obviously he would need to be doing some type of caring for her for 35 hours a week

plus with her PIP award, so significant health problems, could she qualify for new style ESA herself, it be paid due to work history and then also claim CA for looking after him resulting in double sdp and two carers premiums

[ Edited: 3 Dec 2020 at 09:38 am by Vonny ]
MarkWood
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Welfare Benefits Advisor, Mid Wales Housing Association

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Thank s for the replies folks.
Sat down with the tenants and decided to take the ESA(C) change of circus route, contacted ESA and a ESA3 form is being sent.
So the uplift on income will be £154.70 pw on ESA(IR), plus £80.91 pw on HB (eventually) and Council Tax Reduction of £28.20 pw.
The wife has more than 35 years of NI Credit, so a full SRP is due at 67. Didn’t bother with a New Style JSA claim..

Many thanks