CB(ESA) & Appeals

We have dozens of appeals for ESA pending where the client has had (CB)ESA for over 1 year or will have had very soon, they will not qualify for IR(ESA) after April and are unlikely to get put in the Support Group.

Am I right in thinking that they will be contacted and asked to claim IR(ESA) before April and if not entitled their on-going (CB)ESA will stop in full from April?

That’s my understanding.

Hello,

This is something recent from the DWP website with some detail of the processes:

http://www.dwp.gov.uk/adviser/updates/proposed-changes-to-contribution/

I’m not clever enough to make it a hyperlink, so I’m hoping that the site is.

It also features the casual abolition of the 104 week linking rule, which I don’t recall being talked about prior to this…

Jon

Thanks for these replies.

The link has made me think of something else, it suggests that people abroad who lose (CB)ESA will also lose their on-going national insurance credit, if this also applies to people in the UK?

Does that mean that UK couples with children will have their WTC stopped if the working partner then does under 24 hours, will child care cost be stopped as both dont work 16+ hours?

Or

Will the ESA claimant remain entitled to ESA credits with their national insurance being paid and all the above will remain payable, I hope and feel it will.

Forgot to say we have also now seen an increase in appeals against being put in the WRAG as people are becoming aware that they will lose their (CB)ESA if in this group rather than the support group, when will it all end.

Hi Bill,

It looks like for those in GB, credits should continue. One of the pdfs on the page I linked to (Employment and Support Allowance (ESA) Legislative Changes 2012 for claimants in Great Britain) says this:

‘3. We will continue to provide claimants whose ESA (C) will be stopped with National Insurance credits if they are eligible. People who do not qualify for income related ESA (IR) (ESA IR) will still be able to claim National Insurance credits awarded on the grounds of limited capability for work following exhaustion of ESA (C) entitlement.’

Only a policy statement, but better than nothing.

The draft tax credits amendment regulations certainly say that an NI credit is good enough to count as ‘incapacitated’ for the purposes of the childcare element, but they are still in draft form just now.

Jon

[Edited to correct spelling]

Thanks for the help folks.