ESA: Evening everyone. I gave up work... - Lung Conditions C...

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kimmy59 profile image
22 Replies

Evening everyone.

I gave up work December 2013 as I couldn't physically do it anymore, I was already in receipt of DLA.

I've been helping my sister with her paperwork as she was diagnosed with a brain tumour and had to give up work, I've sorted her ESA and we've done the forms for PIP.

I suddenly thought should I have claimed ESA, so I rang them and a woman filled in the form. She was a bit patronising and didn't really explain things, and that was that, apart from telling me to get a sick certificate from the 14th, so I'm still none the wiser.

Anyone got any thoughts, the lady helping my sister with her forms seems to think I've left it to long.

Kim xx

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kimmy59 profile image
kimmy59
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22 Replies
paula66 profile image
paula66

If your still unwell to work you should be able to claim either esa or pip. Hope your successful in your claim x

Biddy_ALUK profile image
Biddy_ALUKPartnerBritish Lung Foundation in reply topaula66

ESA can be claimed alongside PIP, providing you meet the criteria. PIP isn't means tested and is not classed as income when calculating income based benefits, such as ESA.

Biddy

paula66 profile image
paula66 in reply toBiddy_ALUK

I thought that pip was replacing esa so therefore didn't think you could claim both .

Biddy_ALUK profile image
Biddy_ALUKPartnerBritish Lung Foundation in reply topaula66

PIP replaced DLA for new claimants in 2013. Gradually, existing DLA claims are being phased over to PIP.

ESA replaced incapacity benefit a few years ago.

paula66 profile image
paula66 in reply toBiddy_ALUK

Thank you I got muddled up as I was on incapacity but now on esa and claim do a not pip then as yet. Thank you x

Biddy_ALUK profile image
Biddy_ALUKPartnerBritish Lung Foundation

Hi Kim,

ESA is paid to working age people who are too sick or ill to work.

If you have just stopped working it will be 'contribution based' (CBESA) i.e. based on the fact that you have paid national insurance contributions for the last few years. CBESA is paid for 12 months, after which ESA becomes income based (IBESA). Savings, pensions and earnings from a partner for example, are classed as income when calculating your eligibility for IBESA.

Unfortunately, it's not quite as simple as it sounds, so here's a factsheet for you. Give me a ring on 03000 030 555 if you have any questions.

disabilityrightsuk.org/empl...

Regards,

Biddy

Lesley61 profile image
Lesley61 in reply toBiddy_ALUK

I am on ESA it finish in November I am getting pip too can I clam a think after this runs out I work all my life I am on support group but I have a husband and people say that he as to support you is this true x

Biddy_ALUK profile image
Biddy_ALUKPartnerBritish Lung Foundation in reply toLesley61

Hi Lesley,

Are you on contribution based ESA? If you are, and you are in the support group, you should stay on contribution based rather than be phased on to income based ESA. See the link, item 8.

disabilityrightsuk.org/empl...

Regards,

Biddy

Lesley61 profile image
Lesley61 in reply toBiddy_ALUK

Yes I am but they say my money will stop after 12 months are up then I will get nothing cos I have a husband to support me seem wrong after I've worked all my life I would go back to work if I could do but due to ill Heath I can not go back x

in reply toLesley61

If youre in the support group I believe you can get CBESA indefinitely unless rules have changed very recently disabilityrightsuk.org/empl...

in reply to

read sections 1 and 3 of that link, it was updated 4 August, robin

Lesley61 profile image
Lesley61 in reply to

Thanks will look now just looked at the one biddy-Blf helpline give me x

Biddy_ALUK profile image
Biddy_ALUKPartnerBritish Lung Foundation in reply toLesley61

Hmm, that's a puzzle. All the literature implies you stay on CBESA when in the support group. I think you should maybe contact the DWP and check the information they are giving you is accurate. Also, hunt out your awards letter so you can double check you are in the support group.

Best of luck. Let me know how you get on.

Biddy

kimmy59 profile image
kimmy59 in reply toBiddy_ALUK

What's a support group then.

Kim

Biddy_ALUK profile image
Biddy_ALUKPartnerBritish Lung Foundation in reply tokimmy59

ESA has two sub groups, the work related activity group and the support group.

Claimants are placed in one of these groups after attending a work capability assessment, depending on their ability to undertake work.

The text below is taken from the link I posted earlier in the thread.

The support group

If it is decided that you have a limited capability for work-related activity, you will be put in the support group of claimants. If you are put in this group, you will not have to undertake work-related activities (although you can volunteer to do so if you want). You will receive a higher rate of ESA than claimants who are put in the work-related activity group. If you are receiving contributory ESA, it can be paid indefinitely (as long as you continue to satisfy the conditions for it).

The work-related activity group

If it is decided that you do not have a limited capability for work-related activity, you will be put in the work-related activity group of claimants. You will receive a lower rate of ESA than if put in the support group. You will have to adhere to strict work-related conditions in order to continue receiving the benefit in full. This will involve attending a series of work-focused interviews and possibly taking part in ‘work-related activity’. You cannot be required, as part of work-related activity, to apply for a job, undertake work or undergo medical treatment.

If you are getting contributory ESA, the award of this will be limited to 12 months, although you may be able to claim income-related ESA once the award has come to an end.

I hope this makes things a bit clearer.

Biddy

kimmy59 profile image
kimmy59 in reply toBiddy_ALUK

I see thank you. I cant work my lung capacity is to low and I'm on oxygen. But knowing my luck I will be deemed fit to dig roads.

Kim

in reply toBiddy_ALUK

Hello Biddy, yes as you say support group can carry on getting CBESA although this is not generally known & DWP seem to keep quiet about it. Before retiring I was in support group (for another illness) and got CBESA for 18months. After 1year I queried it as was worried about them demanding it back but DWP confirmed the 12monthlimit didnt apply to support group. Trouble is so few people are put I support group, robin

Biddy_ALUK profile image
Biddy_ALUKPartnerBritish Lung Foundation in reply to

Hi Robin,

Thanks for this. Very interesting.

You're right, most of the people I speak to are in the work related activity group. And according to the latest budget, the work related activity group is due to be done away with.

Regards,

Biddy

kimmy59 profile image
kimmy59 in reply toBiddy_ALUK

Thank you for your help.

Kim

Hi you can also look on the Govt. site.... direct.gov.uk x

maccas profile image
maccas

Hi I was receiving ESA and PIP then I got a stern letter from DWP stating that because I receive a private pension now I should not have received ESA. They said I have to repay all the ESA since February when my pension started. Like most others I have worked for 42 years and never claimed anything. TV adverts used to drum into people pay into a pension which we did then we get penalised. Oh it's so great to know they look after their own !!!

FarmerD profile image
FarmerD

If you need more help,advice contact your local Citizens Advice,they were a great help to me and keep up to date on all this nasty government is trying to do to poorer people.D.

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