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Lcw to lcwra and back on esa

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1 year 4 months ago #282032 by Bryanclare2347
Lcw to lcwra and back on esa was created by Bryanclare2347
Hi all my question is can my partner get put in the support group on contribution esa if he asks for another assessment as he was on it but due to the 12 month rule on lcw he had to come of it he’s now worse and in receipt of pip had a very stressful journey with pip and don’t really want to put him though another appointment but if it ment he could have lcwra and not have my incoming effecting benefit that would be great Cheers

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1 year 4 months ago - 1 year 4 months ago #282048 by Gordon
Replied by Gordon on topic Lcw to lcwra and back on esa
B

They should be able to although it will be a New Style ESA claim this time if they were previously on what is now called legacy ESA, same form and questions as before.

If successful then they should receive an LCWRA awad (Support Group) from the date of their letter.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 1 year 4 months ago by Gordon.

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1 year 4 months ago #282050 by Bryanclare2347
Replied by Bryanclare2347 on topic Lcw to lcwra and back on esa
Hi Gordon he is now on uc but we are claiming as a couple and he’s still only receiving lcw on that but gets phone calls every few months which he gets stressed out about so want to try and get him in the support group if possible but want to see which Is best to claim esa or uc as currently my earnings effect it and when he was on esa it didn’t and said if he was in the support group for esa the 12 month limit didn’t apply so I was wandering if he could go back to that thanks kind regards x

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1 year 4 months ago #282072 by Gordon
Replied by Gordon on topic Lcw to lcwra and back on esa
B

ESA and NS ESA are not mutually exclusive of each other, you can claim both at the same time. Any ESA you receive will be deducted £ for £ from your UC so unless you have significant deductions from your UC there will be no monetary advantage.

NS ESA does pay Class 1 NI Credits which in addition to counting towards your State Pension can be used to make a new claim for ESA should one be required, UC pays Class 3 which only count towards your pension.

As to your partner being placed in the Support Group, they will need to report a Change on their UC journal, this will initiate a review of their award.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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1 year 3 months ago #282079 by Bryanclare2347
Replied by Bryanclare2347 on topic Lcw to lcwra and back on esa
If he does get into the support group after a reassessment can he stop claiming uc and just claim income based esa ? So It’s not means tested as it’s only him that needs to claim the Benefit thanks

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1 year 3 months ago #282083 by Gary
Replied by Gary on topic Lcw to lcwra and back on esa
Hi Bryanclare2347

You cannot claim Income based ESA as a new claim as it is a legacy benefit, you can only claim UC which is means tested.

New Style ESA is not means tested, it is based on your NI contributions.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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