ESA help please

Girlzmum

I'm hoping someone can help me.

I started university to train as a nurse in 2006, I was 28 and had stopped working full time in 2003 after the birth of my first child but I have been working part time. I graduated in December 2009 and finally got a job in May 2010, however I had been working since finishing my course in September 2009 through an agency so I was working approx 26 hours per week. Unfortunately 3 months after starting my job I fell and shattered my kneecap, I've had 2 operations (the most recent being 3 weeks ago) and am still receiving treatment, physio etc, to try to get my knee bent. I've been told I am not allowed back near my ward until I can bend my knee to 90 degrees (currently at 70).

Now comes the fun part - I was in my job 3 months so sick pay ran out very quickly and I was given SSP. Last month I received a letter from my employer to say they could no longer pay me SSP and I had to apply for ESA. So I rang them to apply and they asked me which form of ESA I was applying for, one is contribution based and the other income based. I was basically told if my husband works full time I wouldn't get the income based one so to apply for the contribution based. I received a letter asking for proof of employment etc but before I even sent it off I received another letter saying I wasn't entitled to ESA as my NI contributions were too low.

I'm left now with no income, I want to work but am not allowed to (consultant actually scolded me for asking about it!) I can't claim incapacity benefit as I'm still employed! Please can someone tell me where I can go? I feel like I'm being punished for making the decision to go out and get trained and get a job!

MrsManda

Have you actually applied for ESA?
A decision letter from an application for ESA usually says whether you're able to receive Contributions Based, Income Based or are not entitled to any funds but can claim National Insurance credits.
- I'm just trying to work out if you are claiming ESA and are only getting NICs or haven't applied because you've been told you won't qualify for any money?

If you've applied and received a decision letter then you may be able to appeal the decision. You can get a statement of account from the HMRC which will tell you whether you've paid enough National Insurance contributions. It's worth making sure that what you think you've paid (i.e. according to your payslips) matches what the HMRC have.
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/Taxes/BeginnersGuideToTax/NationalInsurance/IntroductiontoNationalInsurance/DG_190052

If you have mobility/care requirements due to your knee, have had them for 3 months and are likely to have them for a further six months you may be able to claim Disability Living Allowance which is a non-income assessed benefit.
http://www.direct.gov.uk/en/DisabledPeople/FinancialSupport/DisabilityLivingAllowance/DG_10011731

Girlzmum

The SSP1 form has the phone number for ESA claim line and they take your application over the phone, then send out a letter telling you the documentation you need to send back - SSP1, 2 pay slips, sick line. I have all the documents here but received the letter saying I wasn't entitled to claim before I sent them off.

The letter states

"We cannnot pay you Employment and Support Allowance from 2 March 2011.

We cannot pat you because you have not paid, or been credited with, enough National Insurance contributions.

We have used the tax years ending 5 April 2009 and 5 April 2010 to assess your claim......."

It then says they will credit me NI contributions while claiming ESA (how???)

As my last surgery was 3 weeks ago I'm pushing as much as I can to get back to work but handed in another 6 week sick line today so that is up on April 13th - I need to go back to work then or I can't pay my mortgage. I am going to CAB for advice on appealing but was under impression I can't apply for DLA as I'm employed.

MrsManda

Girlzmum wrote: »

It then says they will credit me NI contributions while claiming ESA (how???)

As my last surgery was 3 weeks ago I'm pushing as much as I can to get back to work but handed in another 6 week sick line today so that is up on April 13th - I need to go back to work then or I can't pay my mortgage. I am going to CAB for advice on appealing but was under impression I can't apply for DLA as I'm employed.

They credit your National insurance record with credits whilst you are covered by your sick note. These go towards your State Pension as you need 30 full years of National Insurance contributions in order to qualify.

DLA is not an out of work benefit. You can claim it providing you have had mobility and/or care needs for 3 months or more and are expected to have the needs for at least 6 months further.

Have you put your household details in to the benefits calculators to see if you can claim anything else? If not it's worth doing.
If you cannot claim anything else then you are likely to need to sit down with your husband and work out a household budget, the Debtfreewannabe board are good at helping reduce costs.

http://www.turn2us.org.uk/benefits_search.aspx

https://www.dwpe-services.direct.gov.uk/portal/page/portal/ba/lp?_piref278_36249_278_36248_36248.__ora_navig=action%3Dentitlement%26pageno%3D16

allen35

Your joint tax credit award would of been based on 09/10 income, therefore check this years income minus £100 for each week you received SSP to reach your joint estimated total, if this is less than what the award was based on (see tax credit award notice) inform HMRC 0845 300 3900 that you have a COC and current years income will be ....... and you would like the award based on this figure, depending on OH's income you may receive an increase in tax credits.