esa

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My Partner claims esa with wrag componant .we claim as a couple but i have no illness. His confition has got a lot worse so wants to claim for support group but dont know how to go about this. Also i want to get a part time job but how would this effect his benefit.thanks

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5 Replies

  • Posted

    Hi,

    Your partner's ESA is it, Income-based or Contribution-based? The support group depends on National Insurance paid in. As regards to his condition, have you thought of DLA or PIP (Postal Code dependent at present!).

    Depending on the outcome of the above would in most cases change any claim you make, if its a part-time job, then if he received Care Component of DLA or PIP you could claim Carers Allowance if you care for him for over 35 hours a week.

    Regards,

    Les.

    • Posted

      Oh sorry its income related (which we had to appeal for by the way) .I didnt think we could claim either of these two thought it was esa or nothing I wanted to work about 16 hours but apparantly 24is the minimum because im not a lone parent (we have a 12 year old child) in which case he would lose his benefits. So confusing
    • Posted

      Hi Jayne,

      You do not actually claim either, it depends on your employment history and National Insurance that's been paid over a number of years.

      You also stated you have one child, therefore you would be entitled to Child Benefit until he leaves full-time education, this can be up to the age of 21 depending on current further education courses taken, (Certain further Education courses still allow you to claim Child Benefit). If they are then you must also contact Child Tax Credit or Working Tax Credit, if you are claiming either at the time, because this will continue as well.

      If you were claiming Invalidity Benefit followed by Incapacity Benefit followed by Contribution-based ESA before July 1995, then your ESA in the Support Group cannot be classed as an income with Child Tax Credit. The Government changed the legislation in July 1995, anyone claiming before this date cannot have their Contribution-based ESA classed as an income for Tax purposes. If you are in this position or know someone that is, then they need to know this because the HMRC automatically Taxes ESA payments. Because this is an old legislation, people do not know about it, and not paid correctly, every year the HMRC will charge Tax on your ESA unless told otherwise.

      Getting back on track with ESA....

      It can be confusing, but works like this:

      Contribution-based ESA lasts one year when you're in the work-related activity group (WRAG). However, you can re-apply once after your contribution-based ESA ends, this depends on either your health has deteriorated or National Insurance comtributions have been paid in different years.

      There is no time limit on how long you claim Contribution-Based ESA if you’re in the Support Group. This can be done without any face to face interview.

      Income-related ESA you may qualify for this if you no longer or do not qualify for Contribution-Based ESA. The payment rate of this depends on numerous factors, of which is a long list. Again, there is no time limit on Income-related ESA.

      Work-Related Support

      Work-Related Activity Group (WRAG)

      You must attend regular interviews with an advisor who's aim is to provide you with better skills or improve your current levels to allow you to get employment.

      Support group

      You are usually placed in this group if you are severely disabled, or have a progressive disorder that is not going to improve over time. You can however request to chat to an advisor if you think you could possibly work, but your disability or disorders are taken in to account, if the advisor thinks that you would be placed in danger or be a danger to other people.

      Hope that explains it a bit better, if not let me know - Government legislation changes regularly.

      Sorry for the long message, but it does cover everything as it currently stands.

      Regards,

      Les.

    • Posted

      Hi thanks for your response .my parner was on Incapacity Benefit for a number of years then automatically changed to ESA income related. I dont know wherei stand regarding where to go next as his condition is worse. He hasnt worked for years so it will be an income related benefit. Do he qualify for DLA?. If i work would it effect his benefit?.
    • Posted

      Hi Jayne,

      I am assuming your partner was never on Invalidity Benefit, hence the Government Legislation change in 1995 would not affect your Child Tax Credit.

      If you are Incapacity Benefit and also DLA at high rates, and providing you have paid enough National Insurance over previous years. then the change over from Incapacity Benefit to ESA would not of required a face to face interview, and you would have Contribution-Based ESA in the Support Group, automatically.

      If he puts in a claim for DLA or PIP, which of these varies on where you are in the living in the UK. What is his actual medical term for his condition? Because this is what you build your case around, and any other ailments associated with the disorder?

      If the Care Component is granted either at the DLA Middle Rate or higher, or PIP is granted at the Care High Rate, then Carers Allowance can be claimed be yourself, providing you are looking after him 35 hours a week or more. The Mobility Component is only granted if he has problems getting around, this can be indoors or outdoors.

      If DLA or PIP is granted at High Rates this can entitle you to various help from other organizations, for disabled aids, etc.

      I have written an article on this at this location:

      https://patient.info/forums/discuss/-a-guide-to-disability-aids-and-grants--425926

      If you can give me a better idea, from those questions I have listed in the first part of this message.

      Regards,

      Les.

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