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UC/ESA advice

3 replies

PennywisePoundFoolish · 18/10/2023 09:01

I'm trying to help a friend

Claim had been put in for UC a couple of weeks ago, as was on SSP through work. Has now had employment terminated due to capability and attendance due to ill health. All done legitimately.
She contacted UC after being let go, and told will need to apply for ESA, and has an appointment at the Jobcentre this week.

I am try to understand the ESA stuff. She's under investigations at consultant level, having various tests etc, but no diagnosis yet, some things ruled out. GP has been doing the fit notes for 6 months now.

I understand there's 2 groups of ESA, which group would she likely be put in? Would it be the limited capacity? And what would she be expected to do?
Would the Jobcentre be expecting her to have started the ESA claim online before her appointment? She has the termination letter from work P45 will take a couple of weeks.

Asides front the current health issues that she's signed off for, friend struggles with processing information. No official diagnosis (that I'm aware of) but that's why I'm trying to help, as she's pretty isolated.

OP posts:
Bromptotoo · 18/10/2023 09:36

ESA, in full New Style Employment Support Allowance, is paid to people who cannot work due to health disability. It's Contribution Based so she'll need to have been paying NIC's in 20/21 and 21/22. It's not means tested.

It overlaps with UC so her UC will reduce £/£ if ESA is awarded.

More detail here:

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/

https://www.gov.uk/how-to-claim-new-style-esa

It may however be that her UC award is low - for example if her partner earns - in which case ESA may be more money. It's also paid fortnightly and some people find it easier to budget and manage cash for that reason. She'll also get Class 1 NI credits which are have more uses than Class 3 credits with UC - they only count towards the State Pension.

For the first 13 weeks it's paid at £84.80 a week . A Work Capability Assessment ie a medical check, will be carried out during the 13 weeks. If she 'passes' and is placed in the Support Group then it goes up to £129.50 a week.

Presumably UC have got her fit notes.

platypuspart · 22/10/2023 12:35

Best off in the Support Group (SG) as she'll be left alone by Job Centre/ Work Coach. If she's in the Work Related Activity Group (WRAG) she will have tasks known as 'Work Related Activity' WRA which are geared toward getting her ready to start looking for work. It's a cruel system. You can strike lucky and have a decent Work Coach, or an utter shit bag.

As long as she's been functionally restricted for at least 3 months, and can be expected to continue to have difficulties for 9 months into future - tell her to claim PIP (personal independence payment). It's non means tested. It is a disability benefit. It is entirely possible to work and claim it. As long as restrictions don't contradict work done.

It's important to remember that neither benefit is reliant on a diagnosis. It's about how the condition functionally restricts ability to work, look for work, travel to work and the same for WRA (do it and get to it) - Work Capability Assessment. In terms of PIP it's how the condition functionally restricts abilities to carry out activities of daily living, mobility and planning/ making a journey.

Do get advice from an organisation like Citizens Advice etc.

Bromptotoo · 22/10/2023 13:06

@platypuspart said:

It's important to remember that neither benefit is reliant on a diagnosis. It's about how the condition functionally restricts ability to work, look for work, travel to work and the same for WRA (do it and get to it) - Work Capability Assessment.

I wish I had a pound for every time I've said that in relation to both ESA and PIP/DLA!!

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