Results 1 to 4 of 4

Thread: Tax credits to UC

  1. #1

    Tax credits to UC

    If I was receiving tax credits and my partner was on ESA but only getting NI contributions paid due to only be in work related group and not support group.

    If he asked for his award to be looked at again as his condition has worsened and got In support group.

    Would this trigger a change of circumstance and trigger a UC changeover ?

  2. #2
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    7,696
    I'm not sure of the circumstances here?

    Whether IR ESA can be paid or not depends on your/your partners circumstances not which group you are in.
    (eg Savings above £16k or a working partner).

    Can you tell us more about why he is on NI Credits only?

    However for now:

    NI Credits Only is a bit of a funny one.

    Technically a NI Credits Only claim is actually a seperate thing from any benefit claim, saying it's Credits Only ESA or JSA is a convenient fiction.
    Although administered by the DWP NI Credits Only claims are a Tax measure and are covered by a different law than benefits.

    But most DWP staff don't even know that and will treat it as an ESA or JSA claim. (see the note below).

    Again technically he has an IR ESA claim which is paying nothing, and a seperate NI Credits only claim, even though the DWP treat them as one thing.

    In this case I suspect that they will simply process it as a Change of Circumstances to an existing ESA claim which means it will stay as ESA. (Until Managed Migration hits us all).

    It's only if you have to make a brand new claim for an income related benefit that it has to be a UC claim, which will then migrate your other IR benefits to UC.
    The 2 main reasons for someone already on ESA to make a brand new IR claim (UC) is if they move house to a different area, or if they have a baby.

    NOTE:
    You can't even make a new 'Credits Only ESA' claim anymore, if you want NI credits only then you have to use a JSA Credits Only claim form. (Form JSA NC1).
    And the first thing that form says is - "Do not fill in this form if you are getting Jobseekers Allowance".
    This is not a problem, because as said above a Credits Only claim is not actually linked to any benefit in law and you will not be expected to do any jobseeking.
    Last edited by nukecad; 05-19-2019 at 11:07 AM.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  3. #3
    Just checked info. he is on contribution based ESA . He got paid for 365 days but then money stopped and never claimed income related as he would not qualify because I work.

    This was in 2012. The DWP have never reassessed - I believe he could ask for a supersession to try and get in support group and payment would be activated again.

    Or what is the 365 days rule: I do not understand this exactly . I have read it but could you explain it in simple terms please ?

    Reclaim and satisfy NI conditions

    You can requalify for CESA for a further 365 days if you reclaim and satisfy the NI conditions for C-ESA based on at least one tax year which is later than the last tax year which was used to satisfy the second contribution condition when you previously qualified for ESA. This rule is explained in more detail in Chapter 43(4) of the CPAG Handbook. Note that the ‘linking rules’ mean that you will only be able to satisfy this condition if you have ceased to be entitled to ESA for at least 12 weeks.

  4. #4
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    7,696
    Fine, so he was on ESA WRAG which can only be Contribution based for 52 weeks.
    After the 52 weeks he did not qualify for payment of IR ESA because you were working, so claimed NI Credits only.

    So all that is correct, except for the statement that his ESA is Contribution Based - It isn't, his entitlement to CB ESA ran out after 52 weeks.

    So he had an underlying entitlement ESA, that couldn't be paid because of your work.
    I'd say that as he has not been reassessed then he still has that entitlement.

    If so then it's correct that if he was put into Support Group then he would be entitled to CB ESA again.
    The rule (law) is that if your ESA started as CB then it will be CB at anytime you are in the Support Group.

    As I said above it's a bit funny with NI Credits Only not realy being ESA. (But an ESA entitlement can 'passport' you to them).
    However if they have never reassessed him then his underlying entitlement to ESA should still be current and valid.

    I would report a Change of Circumstances for ESA and ask to be reassessed which could get him into Support Group.
    (I wouldn't use the word 'supersession', it's the correct word but they don't expect claimants to know it).

    Call 0345 608 8545, say that his health has worsened and you'd like to report a change of circumstances for ESA.
    They'll probably send you an ESA3 form to fill in, and he'll need a to have a Work Capability Assessment, either on paper or more likely face to face.



    The 365 day 'linking' rule for a reclaim is a bit more complicated and is for a different situation.
    To simplify it:
    What that is saying is that if you go off CB ESA and back to work then you have to pay enough in actual NI payments in a year to be able to reclaim CB ESA before that year is out and have the reclaim linked back to your previous ESA claim. (Thus keeping your group and not needing a new assessment).
    The complicated bit about tax years is because tax years and benefit years don't align.

    As your partner is getting NI credits then I assume he's not working so that wouldn't apply anyway.
    Last edited by nukecad; 05-20-2019 at 03:31 PM.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

Similar Threads

  1. Ni credits
    By Ramornie in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 4
    Last Post: 10-15-2015, 03:40 PM
  2. PIP and Child Tax Credits / Working Credits
    By CharlieBear in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 1
    Last Post: 09-11-2015, 09:26 AM
  3. Tax Credits
    By philipcooper in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 6
    Last Post: 01-02-2015, 03:48 PM
  4. NI credits
    By Jamesyharrow in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 14
    Last Post: 02-24-2014, 09:51 AM
  5. ESA + Tax Credits
    By banjax in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 15
    Last Post: 10-05-2012, 03:11 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •