Are you entitled to claim ESA? DWP got the rules wrong.

MJCarter

Hi
First time I've been on a blog, but I felt so strongly about this I need to tell people. An error at the DWP means that many people are being refused ESA when they are fully entitled to claim it.

I've been off sick for six months now and applied for Employment and Support Allowance. It was refused by the DWP because "you have not paid, or been credited with, enough National Insurance Contributions."

I queried this and have their reason in writing - "you must also have paid Class 1 or Class 2 contributions amounting to at least 50 times the lower earnings limit in each of the two relevant tax years." THIS IS WRONG!

I spent some time researching and finally found the relevant act. However I later found the same info on the DWP website. I am not allowed to post links, but google should find it. The correct rule is that you must have paid Class 1 or Class 2 on EARNINGS at least 50 times the lower earnings limit. The difference is immense.

To qualify on the rules they sent to me, you must have earnt over £40,000 in that year - a ridiculous sum.
When the correct rules are applied, you must have earnt about £11,000.

After I argued with a supervisor at the DWP and pointed out the act and the information on the DWPs own website, they revised their decision and granted that I was entitled.

What worries me is the number of people out there who have been refused ESA but don't know enough Maths or accounting to argue their case. How can I let them know? I am more than happy to help (foc of course) anyone out there.

JS477

Can you not claim Income Based ESA instead of Contribution Based ESA?

The NI rules for CB ESA are given here:-

Here

mum-of-3

MJCarter wrote: »

Hi
First time I've been on a blog, but I felt so strongly about this I need to tell people. An error at the DWP means that many people are being refused ESA when they are fully entitled to claim it.

I've been off sick for six months now and applied for Employment and Support Allowance. It was refused by the DWP because "you have not paid, or been credited with, enough National Insurance Contributions."

I queried this and have their reason in writing - "you must also have paid Class 1 or Class 2 contributions amounting to at least 50 times the lower earnings limit in each of the two relevant tax years." THIS IS WRONG!

I spent some time researching and finally found the relevant act. However I later found the same info on the DWP website. I am not allowed to post links, but google should find it. The correct rule is that you must have paid Class 1 or Class 2 on EARNINGS at least 50 times the lower earnings limit. The difference is immense.

To qualify on the rules they sent to me, you must have earnt over £40,000 in that year - a ridiculous sum.
When the correct rules are applied, you must have earnt about £11,000.

After I argued with a supervisor at the DWP and pointed out the act and the information on the DWPs own website, they revised their decision and granted that I was entitled.

What worries me is the number of people out there who have been refused ESA but don't know enough Maths or accounting to argue their case. How can I let them know? I am more than happy to help (foc of course) anyone out there.

Have you passed the medical yet?

mywalker

I need some advice here please. I have completely ruptured my Achilles tendon and been told that I won't be back to work before Xmas, possibly longer. I'm a supply teacher. I've never had any benefits like this before and thought I'd apply. Received reply today saying I hadn't paid enough contributions in years ending April 08 (was at university re-training 07/08) and 09 even tho website says last 2 years will be assessed. I've worked and paid my dues for 20 years so I am devastated. I have 3 small children, can't work, have no other pay or tax credits coming in. I feel physically sick when I read the rules cos they mean nothing to me (Class 1 contributions on earnings of 25 times the lower earnings limit for that tax year, or 25 Class 2 contributions, or a combination of Class 1 and Class 2 contributions totalling 25 times the lower earnings limit for that year). My husband has a good enough job but no-one has asked anything about him yet, or any savings. One DWP employee mentioned the income based application but didn't do it and the other said if my partner works more than 24 hours, I needed bother applying. I won't get any disability benefits or disabled badge yet I am surrounded by people who masses of benefits, abuse the system for years on end. What have I done to deserve this?

dmg24

mywalker, how much does your husband earn? Do you claim CTC?

mywalker

Not sure exactly what he earns. What is CTC?

mywalker

Ah. Child tax credit? Claimed and turned down so get nothing because my husband's salary was just over the limit I seem to remember. Even tho our friends combined income is more than ours and they get it (to spend on smoking and alcohol). Makes me mad.

mum-of-3

If you have been turned down by child tax credits your husband must earn a decent income, surely that is enough to support your family.

It is the last two tax years they look at, they made a mistake with mine due to their being a gap in my tax record due to the company I worked for changing hands. Did you work in tax years 2007-2008 and 2008-2009? Or if you were not working did you claim JSA so that your stamp was being paid?

mum-of-3

I won't get any disability benefits or disabled badge yet I am surrounded by people who masses of benefits, abuse the system for years on end.

To qualify for disability benefits DLA you need to have care and mobility needs for 3 months and expected to have them for a further three months.

Not everyone abuses the system

healy

mum-of-3 wrote: »

I won't get any disability benefits or disabled badge yet I am surrounded by people who masses of benefits, abuse the system for years on end.

To qualify for disability benefits DLA you need to have care and mobility needs for 3 months and expected to have them for a further three months.

Not everyone abuses the system

It is expected to have care/mobility needs for a further 6 months.

mum-of-3

healy wrote: »

It is expected to have care/mobility needs for a further 6 months.

Thanks Healy- I meant 6mths!