ProtectionDec 12 2022

How state benefits can help lead the protection discussion

  • Describe the benefits available to people
  • Identify the amounts available
  • Explain who they apply to
  • Describe the benefits available to people
  • Identify the amounts available
  • Explain who they apply to
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CPD
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How state benefits can help lead the protection discussion

Your client will not receive ESA if they claim jobseeker’s allowance or SSP, but can apply for it up to three months before their SSP ends. They will then start receiving ESA payments, if they are eligible, as soon as their SSP payments stop. 

If they already receive universal credit claimants can get ESA at the same time, but the universal credit payment will be reduced by the amount they get from ESA.

To qualify for ESA, it is necessary to undertake a work capability assessment, which determines whether they may return to work in the future or their condition is so severe that it would be unreasonable to expect them to engage in work-related activity.

How much is payable? 

ESA is paid every two weeks. How much claimants get depends on what stage their application is at, as well as criteria like their age and whether they are able to get back into work. 

While their case is being assessed, claimants will normally receive the ‘assessment rate’ for 13 weeks, which is up to:

  • £61.05 for individuals under age 25.
  • £77.00 a week for individuals aged 25 or over.

After the assessment, if they are entitled to ESA, claimants will be placed in one of two groups. If they can get back into work in the future, they will be put into the work-related activity group. If not, they will be placed in the support group. Claimants will receive up to:

  • £77.00 if they are in the work-related activity group.
  • £117.60 if they are in the support group.

Mandatory reconsideration was introduced in October 2013. This allows a claimant to ask for a review of the decision that determines which group they are allocated to if they disagree with it.

The amount of ESA paid will not be affected by a claimant’s savings or income, or their partner’s. However, a private pension worth more than £85 a week may affect how much they get.

Universal credit

Full-service rollout of universal credit was completed in December 2018. Universal credit replaced a number of benefits and tax credits in addition to income-related ESA, including income support, income-based jobseeker’s allowance, housing benefit, child tax credit and working tax credit.

Individuals who are unable to work because of a health condition are able to claim universal credit if they:

  • usually live in the UK;
  • are aged 18 or over and under state pension age; and 
  • have less than £16,000 in money, savings and investments. 

How much is payable? 

Universal credit is paid monthly, starts with the standard allowance and is increased by additions depending on the claimant’s circumstances. There is an assessment period that starts the day they make their claim. The amount paid depends on a claimant’s: 

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