Employment and Support Allowance and Students

Transcription

1 Employment and Support Allowance and Students Debbie Witton Tuesday 1 July am to 10:15am NASMA 2014

2 Workshop contents How students can qualify for ESA Tips for completing ESA50 forms Getting supporting medical evidence New mandatory reconsiderations and appeal process

3 What is Employment & Support Allowance? A benefit paid if your ability to work is limited by ill health or disability 13 week assessment phase paid at a basic rate If you have limited capability for work you go into the work-related activity group and get paid an additional work-related activity component If you have limited capability for workrelated activity you go into the support group and get paid an additional support component

4 ESA basic structure Work Related Activity Group Support Group 13 week Main Phase Assessment Phase

5 Work Capability Assessment 1. Starts with a fit note from your GP 2. Followed by ESA50 medical questionnaire 3. Followed by face to face medical Carried out by ATOS Healthcare

6 Two ways to qualify for ESA 1) Contributory ESA Based on your national insurance record 2) Income related ESA Means-tested (some student income, partner income taken into account)

7 Contributory ESA Not means-tested all student income ignored Time limited to 12 months if not in the support group Can study full-time If under 19 in non-advanced education hours must be less than 21 per week 7

8 Income-related ESA & full-time education If you are full-time you must get DLA or PIP Further education (non-advanced) Under 20, (under 22 if estranged) on a course of more than 12 hours per week 20 or over and doing more than 16 hours Higher education (advanced) Full-time is defined by the institution

9 Can students get ESA? Circumstances Contributory ESA If paid enough NI Income-related ESA If income /saving low enough Part-time student yes yes Full-time student in HE Yes Only with DLA/PIP Full-time student in FE Yes Only with DLA/PIP

10 ESA and full-time students Contributory ESA Do not need DLA/PIP Must pass the work capability assessment Must attend work-focused interviews if in WRAG Income-related ESA Must get DLA/PIP Exempt from the work capability assessment Must attend work-focused interviews if in WRAG Remains as a separate benefit to Universal credit Will be replaced by Universal Credit 10

11 Premiums with Income-related ESA Enhanced disability premium ( 15.15) Entitled to DLA high rate care / PIP Enhanced daily living or In the support group Severe disability premium ( 61.10) Lives alone and gets DLA (middle or high care) or PIP (standard or enhanced daily living) and no-one claims Carer s Allowance 11

12 Income-related ESA & income The amount you get is affected by the income and savings of you and your partner have coming in. Savings of up to 6,000 ignored. Part-time earnings (up to 99.50pw) under the permitted work rules are ignored. Which types of benefits or student finance will reduce Income-related ESA?

13 How much is Hannah s IR-ESA? Maximum IR-ESA Income Severe disability premium IR-ESA Basic + WRAC Student loan 90.00

14 ESA and housing benefit Students on income-related ESA will get maximum HB Students whose income is too high to get incomerelated ESA may still be able to get some housing benefit Hannah s rent is per week. With a severe disability premium she will maximum housing benefit Without a severe disability premium she will get per week 14

15 Challenging an ESA decision You can challenge the following decisions: Found fit for work Placed in the WRAG rather than the Support Group Failed to show good cause for not returning the ESA50 form or attending a medical A sanction for not complying with a work activity agreement (WRAG)

16 Challenging an ESA decision (after 28 Oct 13) 1. Phone and/or write to DWP within one month to request a mandatory reconsideration 2. You cannot get paid ESA during this stage 3. Decision-maker will call you to ask if you have any further evidence 4. You are sent two copies of the Mandatory Decision Notice 5. Appeal within one month, one copy must be sent with the SSCS1 appeal form to HMCTS 6. To get paid ESA again- send a request for payment with a fit note to JCP 7. If no JSA claimed during the reconsideration period ESA basic rate can be backdated

17 Sanctions The basic amount of ESA will be sanctioned ( 72.40) The WRAC will not be sanctioned The sanction will last until the claimant complies and then for an additional: One week for a first failure Two weeks for a second failure Four weeks for a third failure

18 ESA Info Make a new claim, download ESA50 medical questionnaire, Appeal forms, new appeal process Latest updates and welfare reform news, support materials, and discussion ESA factsheets Benefits and student project (Scotland)