ESA query

Could someone tell me whether I can claim ESA even though my husband is working and earning above the means tested threshold? I have just been dismissed on medical grounds from my job as a teacher. I have MS. I get enhanced care /standard mobility PIP. I think I can get six months ESA based on my NI contributions but will I get anything after that?

Pepe wrote: Could someone tell me whether I can claim ESA even though my husband is working and earning above the means tested threshold? I have just been dismissed on medical grounds from my job as a teacher. I have MS. I get enhanced care /standard mobility PIP. I think I can get six months ESA based on my NI contributions but will I get anything after that?

Hi P,

There are two types of ESA, Income Related ESA (IR ESA) and Contribution Based ESA. (CB ESA)

As it seems that you would not pass the means test for IR ESA :

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

You would need to have the requisite number of NI Contributions gained from employment in the two relevant preceding years, for entitlement to CB ESA.

At present these two years are 2011/12 & 2012/13.

If you were entitled to IR ESA, you may also be entitled to : ESA Premiums

Your first steps would be to obtain a "fit note" (Med 3) from your G.P., you can then make a claim for ESA, see :

www.gov.uk/employment-support-allowance/overview

You do not make a particular claim for IR ESA or CB ESA, you simply claim ESA. The DWP will then capture information regarding your NI Contributions and your personal circumstances, and household income, etc.

If you are entitled to CB ESA only, and are placed into The WRAG, you can only receive payment of CB ESA for 365 days.

If you entitled to CB ESA only and placed into The SG there is no such 365 days limit, and payment will remain for as long as you are in The SG.

There is no 365 days limit no matter which group that you are in, if any part of your ESA is IR ESA.

Time spent in The Assessment Phase of ESA in receipt of CB ESA only will also be taken from your 365 days of entitlement to payment of CB ESA :

12 Month Limit for ESA(CB)

From our : ESA FAQ’s

There are guides on understanding and claiming ESA on this page :

ESA Claims Guides

On the premise that your G.P. will provide "fit notes" you have nothing to lose by making a claim for ESA. The DWP will then inform you whether you are entitled to CB ESA, IR ESA, CB ESA with IR ESA tops ups, or no payment at all. (A nil rate award, you can still be awarded NI Credits with a nil rate award that will go towards your State Pension.)

It is a totally different benefit to PIP, with different qualifying criteria. Although some of the evidence that helped you gain your PIP awards may also help with your ESA WCA.

bro58

hi

Just to reassure you - I've just been awarded ESA and placed in the support group for three years. Sounds like your situation is similar to mine - medically retired out of teaching after a 22 year career, I suffer from secondary progressive MS and my husband works full time in a permanent job.

It took several months of waiting and I had to involve my MP at one stage but as you've already been advised, if you've got enough NI contributions there's no reason why you can't claim and be affected by your husband's work.

ATOS contacted me and I was informed that I wouldn't be called for a face to face interview and I wasn't. Decision made on all the medical info I sent them.

Good luck and keep strong - claim what you're entitled to

bro58 wrote:

Pepe wrote: Could someone tell me whether I can claim ESA even though my husband is working and earning above the means tested threshold? I have just been dismissed on medical grounds from my job as a teacher. I have MS. I get enhanced care /standard mobility PIP. I think I can get six months ESA based on my NI contributions but will I get anything after that?

Hi P,

There are two types of ESA, Income Related ESA (IR ESA) and Contribution Based ESA. (CB ESA)

As it seems that you would not pass the means test for IR ESA :

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

You would need to have the requisite number of NI Contributions gained from employment in the two relevant preceding years, for entitlement to CB ESA.

At present these two years are 2011/12 & 2012/13.

If you were entitled to IR ESA, you may also be entitled to : ESA Premiums

Your first steps would be to obtain a "fit note" (Med 3) from your G.P., you can then make a claim for ESA, see :

www.gov.uk/employment-support-allowance/overview

You do not make a particular claim for IR ESA or CB ESA, you simply claim ESA. The DWP will then capture information regarding your NI Contributions and your personal circumstances, and household income, etc.

If you are entitled to CB ESA only, and are placed into The WRAG, you can only receive payment of CB ESA for 365 days.

If you entitled to CB ESA only and placed into The SG there is no such 365 days limit, and payment will remain for as long as you are in The SG.

There is no 365 days limit no matter which group that you are in, if any part of your ESA is IR ESA.

Time spent in The Assessment Phase of ESA in receipt of CB ESA only will also be taken from your 365 days of entitlement to payment of CB ESA :

12 Month Limit for ESA(CB)

From our : ESA FAQ’s

There are guides on understanding and claiming ESA on this page :

ESA Claims Guides

On the premise that your G.P. will provide "fit notes" you have nothing to lose by making a claim for ESA. The DWP will then inform you whether you are entitled to CB ESA, IR ESA, CB ESA with IR ESA tops ups, or no payment at all. (A nil rate award, you can still be awarded NI Credits with a nil rate award that will go towards your State Pension.)

It is a totally different benefit to PIP, with different qualifying criteria. Although some of the evidence that helped you gain your PIP awards may also help with your ESA WCA.

bro58

Hi P,

Just to add,

If you are entitled to CB ESA only, even though there is no means test, and your capital, assets, savings or household (Husband's) income will not have any adverse effect on your own ESA claim, if you are in receipt of a Works/Occupational Pension, (OP) this can have a baring, and you should inform the DWP of receipt of any OP payments.

The rules are as follows :

Any OP payments up to £85/Week are disregarded.

Any OP payments in excess of £85/Week is deducted from any weekly amount of CB ESA that you may be entitled to at a rate of 50 pence in the pound.

e.g. OP of £105/Week = £20 in excess of the £85/Week disregard.

50% of the £20 excess = £10/Week.

Therefore under this example, there would be a deduction of £10/Week from any weekly amount of CB ESA that you were entitled to.

bro58