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Do you have to meet the NI criteria for new-style ESA each year?

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2 days 8 hours ago #307667 by NotLikely
Hi,

I'm applying for new-style ESA and am hoping to be put into the support group. I think I meet the NI criteria this year, but would probably not meet them next year. Does this mean that if I got ESA (support group) I would be kicked off it in the next tax year or do you only have to meet the NI criteria when you first apply?

Thanks

NotLikely

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1 day 3 hours ago #307728 by latetrain
Hi NotLikely

Welcome to the forum.

You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.

To apply for NS ESA, you must have:

1. In one of the two relevant tax years, paid Class 1 contributions (and worked at least 26 weeks in one of these years), or paid Class 2 contributions, at least 26 times the lower earnings limit and

2. During both the relevant tax years, paid or been credited with Class 1 or 2 contributions at least 50 times the lower earnings limit.

Relevant Tax Years: the relevant years are the last 2 complete tax years (6 April - 5 April) before the current benefit year.

Benefit Year: runs from the first Sunday in January

New Style ESA is payable for a maximum of 12 months if you are placed in the work related activity group. The 13 week assessment phase will form part of the 12 month payment period if you are subsequently placed in the work related activity group.

If you are places in the support group, the time limit does not apply and you will continue to receive New Style ESA for as long as you meet the qualifying conditions.

The WCA has two parts: the limited capability for work assessment and the limited capability for work related activity assessment.

The first part of the WCA considers whether you have a limited capability for work. If the total score reaches 15 points or more then you have a limited capability for work.

The second part of the WCA considers whether you have a limited capability for work related activity. The assessment has a list of descriptors relating to both physical and mental/cognitive functions. If you meet at least one of these descriptors, you will receive the work capability amount.

We would advise you to read B&W guide when completing the WCA form.

Gary

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

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