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

Cancellation of ESA post April 2012

miket
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Welfare Advice Team, South Gloucestershire Council

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Total Posts: 18

Joined: 30 June 2010

Hello

I was wondering if anyone can confirm for me exactly what will happen to client’s ESA(C) post April 2012.
I understand that the benefit will end as my client has been on ESA(C) for nearly 3 years and his partner works but will this completely end his claim?
I.e. does he now become not entitled to ESA at all? Or does he maintain some form of underlying entitlement due to having previously passed the WCA?

The reason I ask is his wife is considering ending work to claim CA for him (as he’s on MRC) and am tryign to work out whether they would then have to claim ESA again or potentially have her claim IS?

Also, having had a discussion with our HB dept, they are unsure whether someone in this situation would now become entitled to the disability premium as he meets the current qualifying conditions through the DLA.

Any help would be most appreciated.

Mike

dbcwru
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Darlington Welfare Rights, Darlington Borough Council

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Your client could ask to be placed in the Support Group if he has medical evidence to submit to support this or if his wife gives up work and claims CA he could claim income based ESA to top up the cont-based and then this would automatically be changed to Income based couple rate when the cont based ends. They would just need to keep HB/CTB notified of any changes.

Nicolette
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Welfare rights adviser - CAB Wymondham, Norfolk

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As I understand it the wife could claim IS as a carer with him on the claim as long as they do not have other incomes or savings over £16000. She would get C All which is deducted from her IS claim and also the carers premium. When on IS the HB/CTB follows on.
Nicolette

Nicky
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Supervisor Welfare Benefits, Barrow-in-Furness, Citizens Advice Bureau

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Nicolette - 15 February 2012 01:15 PM

As I understand it the wife could claim IS as a carer with him on the claim as long as they do not have other incomes or savings over £16000. She would get C All which is deducted from her IS claim and also the carers premium. When on IS the HB/CTB follows on.
Nicolette

And the disability premium….

miket
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Welfare Advice Team, South Gloucestershire Council

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Total Posts: 18

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Thanks for the info guys.
There’s no chance of him being placed in the Support Group so looks like he’s gonna lose his ESA payments. But hopefully the disability premium being included in his HB should help counter that a little.

Andy, email sent.