Can I reapply for New Style ESA from UC

Hello, first time using a forum in a long time, yet really need to help to try and understand my rights and the process of the DWP ways.

I will try and keep it brief,and hopefully I can get some answers here. Thank you in advance.

last year I tried to go to work and come off ESA and I was put onto UC. I was cleaning in 1 job and then I got a second job as a kitchen assistant. I tried to prove to myself that I could escape the benefit system despite my mental health and personal circumstances. to keep it brief I failed and ended back in mental health services which in it self was very difficult. So now I am placing Fit notes to the DWP. this is since March and I currently have a fit note until september.

I seen the New style ESA and put a claim in on line. this was from the date I went on the sick. I received no SSP as I wasn't earning enough separately from both positions.

I received 2 letters "we cannot pay you an allowance from March because you are required to claim UC."

The second states " the contributory element of ESA can count as taxable income. Up until March 2020 tax no ESA was paid."

I spoke to a employer at the DWP of the record and they said I could not reapply to go back to ESA because of legislation. I assume this is ESA Regs 2013.

I have an appeal outstanding because last October the Assessment took away my limited capabilities increment. So I appealed and obviously with COVID19 this is delayed and I will be awaiting to attend another work capabilities assessment.

Where do I go from here?

Also 2 DWP workers stated in my journal that I may have to produce the fit notes again to them, yet I stated I have given the originals as they were given to me electronically due to restrictions of COVID19.

I try to be independent yet my mental health plays a part where I can not manage to do what I was capable and situations like this aggravate my conditions.

Can someone please explain what I can do and what do the letters mean. I have tried to get in touch with CAB yet busy phone lines.

Thanks once again.

Found some information that explains things a bit further hope this may help others.

https://www.disabledviewuk.com/useful-information/esa/new-style-esa/

Welcome to the forum

Even if they keep you on UC and you fail a work capability assessment your claimant commitment must take into account your disabilities as per the Equality Act 2010.

Hello Flowers, are you the same ‘Flowers’ from the unemploymentmovement.com site?

You can only claim NSESA if you’ve paid and/or been credited with NI contributions in the last 2 to 3 years (employed or self–employed).

https://www.google.com/search?client=firefox-b-d&q=new+style+esa

You could seek advice from https://advicelocal.uk/ for further support/advice.

Thank you both for the replies, and a piece of legislation that I can use to help me understand my rights.

No Mary_FV i suspect there are many Flowers around .

I think that's what the second letter was stating regarding NI

"the contributory element of ESA CAN count as taxable income."

I think I understand that you still receive UC yet it is the ESA that is deducted from that.

I will look into the two links you have provided.

thank you

Oh I resolved the Fit note issue they had been sent to a previous email address of the Local DWP and not the new one. so the Fit Notes have been recognised.

"Also 2 DWP workers stated in my journal that I may have to produce the fit notes again to them, yet I stated I have given the originals as they were given to me electronically due to restrictions of COVID19."

Did you send the fitnotes by email Flowers ? If so you have proof ....just resend.This type of thing is a regular occurance with roach shop and in my opinion done to hinder/worry people.Like how the hell do they keep losing things especially if sent electronically.


Hoping you didn't post them fitnotes flowers and if so, recorded delivery always best .

Am half asleep glad you got the fit note issue sorted .