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New Style ESA or UC?
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11 months 2 weeks ago #285801 by UC:
New Style ESA or UC? was created by UC:
I am posting this with a heartfelt plea for advice and out of sheer desperation on behalf of my son.
My desperation is due to my son’s treatment at the hands of DWP which is contributing to a significant deterioration in his mental health.
This appalling treatment will be dealt with separately by my good self via alternative channels. It really is extremely frustrating when you are in poor health to be treated so appallingly by DWP, as we all know only too well!.
I would very much appreciate it if you could take the time to advise exactly what entitlement to ESA or Universal Credit my son is entitled to, based on the summary of his situation below:
My son was medically discharged from the British Army due to a serious back injury, for which the Army have admitted full liability for.
My son has paid First Class NI contributions for the eight years that he was serving the Army.
He is currently incapable of work and has a Fit Note up until February 2024 and this will be extended further.
He lives with his partner in a mortgaged property.
His partner earns £1,400 per month.
My son received a UC amount of £756 in November that he assumed was his monthly award of UC.
DWP are now claiming that this payment was an ‘Advance payment’. Advance of what?
He was contacted today (30/11/23) by his ‘Life Coach’ to be advised that he is no longer entitled to any UC Benefit whatsoever, based upon his partner’s salary of £1,400 per month.
My son is no longer receiving any income at all.
Given my son's situation, is this advice from DWP factually correct?
Where is the financial ‘Safety Net’ for people like him who, through no fault of their own, are injured whilst employed and no longer able to work for the foreseeable future and have no income?
What about his NI contributions? Surely he is entitled to claim New Style ESA? Has he been given incorrect advice by DWP?
I would very much appreciate any advice that this forum might be in a position to provide, for the sake of my son’s sanity and financial future moving forward!
My desperation is due to my son’s treatment at the hands of DWP which is contributing to a significant deterioration in his mental health.
This appalling treatment will be dealt with separately by my good self via alternative channels. It really is extremely frustrating when you are in poor health to be treated so appallingly by DWP, as we all know only too well!.
I would very much appreciate it if you could take the time to advise exactly what entitlement to ESA or Universal Credit my son is entitled to, based on the summary of his situation below:
My son was medically discharged from the British Army due to a serious back injury, for which the Army have admitted full liability for.
My son has paid First Class NI contributions for the eight years that he was serving the Army.
He is currently incapable of work and has a Fit Note up until February 2024 and this will be extended further.
He lives with his partner in a mortgaged property.
His partner earns £1,400 per month.
My son received a UC amount of £756 in November that he assumed was his monthly award of UC.
DWP are now claiming that this payment was an ‘Advance payment’. Advance of what?
He was contacted today (30/11/23) by his ‘Life Coach’ to be advised that he is no longer entitled to any UC Benefit whatsoever, based upon his partner’s salary of £1,400 per month.
My son is no longer receiving any income at all.
Given my son's situation, is this advice from DWP factually correct?
Where is the financial ‘Safety Net’ for people like him who, through no fault of their own, are injured whilst employed and no longer able to work for the foreseeable future and have no income?
What about his NI contributions? Surely he is entitled to claim New Style ESA? Has he been given incorrect advice by DWP?
I would very much appreciate any advice that this forum might be in a position to provide, for the sake of my son’s sanity and financial future moving forward!
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11 months 2 weeks ago #285815 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic New Style ESA or UC?
Hi UC
I will try and answer you post as best I can from the information you have supplied but I would advise you to seek help from your local Welfare Rights Organisation (WRO) who will be able to take all your son's circumstances into consideration. advicelocal.uk .
I will start with NS ESA; New Style ESA is a Contribution Based benefit and is not means tested with the exception of pension income which can reduce the amount that you receive.
The Income Related benefit that goes with NS ESA is Universal Credit.
There are two Contribution Conditions that you need to meet for a new claim for New Style ESA.
Both are based on the two Tax Years preceding the current Benefit year, for 2023 they are 2020-21 and 2021-22.
The Second Condition requires a minimum of 50 weeks of either NI Contributions and/or NI Credits, your current Credits Only award potentially covers this.
The First however requires a minimum of 26 weeks of NI Contributions in either of the two years, your current claim does not provide these, Contributions can only be acquired through paid employment, there are some exceptions but you don't mention any of these in your post.
Applying for UC is a bit more complicated as it would depend if your son was eligible to claim LCW/LCWRS, if he was or if he has children, then they would be eligible to claim the Work Allowance, as they have a mortgage and do not pay rent then they would get the high rate before the Earnings Taper is taken into account. This is why your son needs to seek specialist advice from your local WRO.
When you apply for UC, you can ask for an advanced payment as UC will take over 5 weeks to claim, the advanced payment is recovered from on going UC claim, usually over 1 - 2 years.
From your post I am not aware if your son receives Armed forces independence payment, I would advise you to contact Veterans UK helpline: 0808 191 4218, you could also contact The Royal British Legion for advice and support, 0808 802 8080.
Gary
I will try and answer you post as best I can from the information you have supplied but I would advise you to seek help from your local Welfare Rights Organisation (WRO) who will be able to take all your son's circumstances into consideration. advicelocal.uk .
I will start with NS ESA; New Style ESA is a Contribution Based benefit and is not means tested with the exception of pension income which can reduce the amount that you receive.
The Income Related benefit that goes with NS ESA is Universal Credit.
There are two Contribution Conditions that you need to meet for a new claim for New Style ESA.
Both are based on the two Tax Years preceding the current Benefit year, for 2023 they are 2020-21 and 2021-22.
The Second Condition requires a minimum of 50 weeks of either NI Contributions and/or NI Credits, your current Credits Only award potentially covers this.
The First however requires a minimum of 26 weeks of NI Contributions in either of the two years, your current claim does not provide these, Contributions can only be acquired through paid employment, there are some exceptions but you don't mention any of these in your post.
Applying for UC is a bit more complicated as it would depend if your son was eligible to claim LCW/LCWRS, if he was or if he has children, then they would be eligible to claim the Work Allowance, as they have a mortgage and do not pay rent then they would get the high rate before the Earnings Taper is taken into account. This is why your son needs to seek specialist advice from your local WRO.
When you apply for UC, you can ask for an advanced payment as UC will take over 5 weeks to claim, the advanced payment is recovered from on going UC claim, usually over 1 - 2 years.
From your post I am not aware if your son receives Armed forces independence payment, I would advise you to contact Veterans UK helpline: 0808 191 4218, you could also contact The Royal British Legion for advice and support, 0808 802 8080.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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11 months 2 weeks ago #285825 by UC:
Replied by UC: on topic New Style ESA or UC?
Hi Gary,
Many thanks for taking the time to respond with such detailed advice!
It is very much appreciated!
My son has made NI contributions via his employment with the Army, for the past 8 years.
He initially applied for New Style ESA post his Army discharge, which was acknowledged by DWP, as was his submitted Fit Note.
DWP also acknowledged the fact that his partner is also his carer.
His local DWP Office then instigated a UC claim, awarded him an advance UC payment, then told him that he does not qualify for UC!
My son is not in receipt of Armed Forces Independence Payment at the moment, but this is pending a review of his Tier of Discharge!
He is however, in receipt of PIP, being awarded 10 points for both Daily Living and Mobility components.
Many thanks!
UC
Many thanks for taking the time to respond with such detailed advice!
It is very much appreciated!
My son has made NI contributions via his employment with the Army, for the past 8 years.
He initially applied for New Style ESA post his Army discharge, which was acknowledged by DWP, as was his submitted Fit Note.
DWP also acknowledged the fact that his partner is also his carer.
His local DWP Office then instigated a UC claim, awarded him an advance UC payment, then told him that he does not qualify for UC!
My son is not in receipt of Armed Forces Independence Payment at the moment, but this is pending a review of his Tier of Discharge!
He is however, in receipt of PIP, being awarded 10 points for both Daily Living and Mobility components.
Many thanks!
UC
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