Ways to avoid losing Employment and Support Allowance (ESA)

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1 2 Ways to avoid losing Employment and Support Allowance (ESA) This factsheet looks at how you can keep Contribution Based Employment and Support Allowance or get it back. You may even be entitled to more ESA! What is ESA? Employment and Support Allowance (ESA) is for people who cannot work due to ill health or disability. It has two parts: Contribution Based ESA (CB-ESA) which you get if you have paid enough national insurance contributions; and Income Related ESA (IR-ESA) which you get if you can t get CB-ESA or you get as a top-up of CB-ESA. After you claim ESA, you enter the assessment phase which lasts for 13 weeks and receive a basic rate of ESA. During which time the Department for Work and Pensions (DWP) decide if you are able to work or not. From week 14, you are placed in one of two groups. If you can think about work, you are placed in the 'work related activity group' and receive the additional work related activity component. If you are too ill or disabled to do this, you go into the support group and get the extra support component. The change from 1 May 2012 Contribution based ESA (CB-ESA) will stop after 365 days. Time spent on CB-ESA immediately before 1 May will count towards the 365 days. For example, if you already had 300 days of CB-ESA on 1 May, you will only have 65 days left. This time limit also applies if you have been moved from Incapacity Benefit to CB-ESA. But all is not lost! There are reasons CB-ESA should continue beyond the 365 days and there are ways to get it back. And, it may be that income related ESA can be paid instead.

2 Can income related ESA be paid instead? If CB-ESA stops you may be entitled to income related ESA instead. To make sure, you should claim it from Jobcentre Plus. Phone It may be that you are already getting it on top of your CB-ESA. If so, Jobcentre Plus should increase it to the same level. Can Contribution Based ESA continue beyond 365 days? Days in the support group do not count towards the 365 days. So long as you stay in the support group, your CB-ESA should continue. If you are not in the support group, you should check if you should be. Here is a link to the test for the support group or, you can get independent advice. It may be that you are already entitled to income related ESA but not getting it. If so, phone Jobcentre Plus or contact an independent advice service. Can Income Related ESA be paid instead? If CB-ESA stops you may be entitled to income related ESA instead. To make sure, you should claim it from Jobcentre Plus. Phone It may be that you are already getting it on top of your CB-ESA. If so, Jobcentre Plus should increase it to the same level. It may be that you are already entitled to income related ESA but not getting it. If so, phone Jobcentre Plus or contact an independent advice service

3 Are there ways to get it back after it has stopped? There are two ways you can return to CB-ESA after the time limit has been reached and it has stopped. You may be able to satisfy both methods outlined below: Method one You remain on the sick but your health gets worse - enough to go into the support group. Once your CB-ESA has stopped after 365 days, if your condition gets worse you should ask to be considered for the support group. However, you must have remained on the sick. Here is a link to the test for the support group or, you can get independent advice. or Method two You stop signing on as sick for a period and then reclaim ESA. But it depends upon your national insurance contributions. You may be able to re-qualify for a further 365 days of Contribution based ESA (CB-ESA) if: it has been over 12 weeks since your ESA stopped, and your new claim passes the national insurance contribution test. This requires a bit more explanation. to get Contribution Based ESA you must normally have paid enough national insurance contributions in certain years. This new claim must relate to payments made in different years. You can get details about your national insurance contribution from HMRC. Phone or, you can get independent advice.

4 Challenging decisions This is a complicated area. If you are unhappy with an ESA decision or you have had a decision refusing you ESA because of time limiting or any other reason, you can appeal to an independent tribunal. You can do this yourself or you can get help. Find independent advice in Newcastle. Carers Allowance warning If you are a carer and think the above might affect you, please get advice. The person you care for may lose benefit too - or you may be able to claim Carers Allowance instead. The impact of this change There are currently 2.6 million people aged 16 to 64 on ESA and incapacity benefits. Approximately 480,000 are on ESA (February 2010 figures) of which 204,000 have some contributory element. Around 60% of all those claiming ESA come off benefit within a year. By 2016/17 the DWP estimate a total of around 1 million people will be affected by this time limiting change, but: Around half of all contributory ESA claimants would qualify for some income-related ESA, so would not see the loss of their entire benefit; And around two-thirds would lose over 90 per week ESA, although for some this will be partially offset by increases to income-related ESA, Housing Benefit or Tax Credits, with an average net loss of around 50pw. In Newcastle there are over 1,000 residents on Contribution based ESA. About half of them may lose some or all of it due to this change.

5 Need more advice? Jobcentre Plus Phone Newcastle Welfare Rights