HELP, support group esa stopped due to lack of NI contributions.

Cpt.Scarlet

Just to clarify your post.

You were found Fit for Work while receiving IB.

You asked for a Reconsideration of this decision, did you receive the result of this?

You previously said that you had asked for an appeal when was this and for what decision (note: a Reconsideration is not an appeal)

rjhspaniel

Yes, I failed the PCA by only getting 10 points whilst claiming incapacity benefit.
I requested a reconsideration of the decision on 22/02/2010
I received a letter on 05/03/2010 saying they would not change the decision and that i would need to appeal.
The appeal date was set for 15/04/2011 which meant i was waiting over a year. Hence them telling me to claim JSA, and then ESA again.
My ESA claim was successful, and I took the advice from the welfare rights department to cancel the appeal tribunal because of this.

Cpt.Scarlet

OK a really good WRO might be able to find a way out of this, but I'm afraid I can't see a way.

The appeal was cancelled too long ago to be restarted so there is no way back onto IB.

Your NI Contribution record clearly won't cover ESA(CB) and according to a previous post you don't quallify for ESA(IR) because of your husband working.

The only thing left is to push back on the DWP with regard the ESA overpayment. They are responsible for deciding whether you meet the NIC requirements for ESA(CB), so it's their error and should not be re-payable.

Get advice on this.

rogerblack

I'd fundamentally agree.
As I understand it, by withdrawing your appeal, you have implicitly accepted the decision that you were fit for work.
You cannot even apply for an 'anytime revision' on this matter.
You're (way) outside the 1 month timelimit to restart tribunal proceedings.

The question I raised earlier of the 'linking' of the periods of illness seem not to apply if you just went onto JSA for a few months.

Possible avenues forward - I have doubts if these would be productive.
Claim for compensation against either the DWP, or the welfare rights organisation for misadvising you to withdraw the appeal.
(the DWP if the reason the appeal was withdrawn due to the DWP error due to claiming you were entitled to CB-ESA)

See also http://www.dwp.gov.uk/docs/financial-redress-for-maladministration.pdf

rjhspaniel

Thanks for all your help. I am still waiting for them to call me back regarding this. After yet another 45 min phone call to them today I am supposed to receive a priority call back before 12noon tomorrow.

What i am really struggling with is how do some people manage to claim benefits for most of their working lives with some never having worked. Yet i have worked since i was 17 up until 5 years ago and this obviously has counted for nothing.

How am i supposed to pay NI contributions to enable me to claim said benefits if i am not employed????????

nannytone_2

you can claim ESA (IB).

they will not pay any benefit, but will give you a NI credit.

the reason that some people never work and still claim benefit is that they dont have a working partner and are therefore entitled to income based benefits.

GlasweJen

This sounds like an official error (being paid up until now even though no NI credits for relevant years) but I can't see a way of you getting any further ESA payments as the initial tribunal would have "linked" to your old IB and the NI credits that allowed you to be on IB in the first place.

I would try to contact the initial Welfri and see what they can do, I think in the circumstances they have a lot to answer for.

rjhspaniel

Still waiting for Job centre call back (since Friday afternoon)

Was just wondering does Child benefit entitle NI contributions for any other benefits such as ESA? Clutching at straws i know, but i have 2 children aged 12 and 16 (16 yr old starts full time college next week) so have received child benefit for a number of years now.

Thanks
Rachel

nannytone_2

the NI credit paud with child benefit just protects your state pension

Cpt.Scarlet

rjhspaniel wrote: »

Still waiting for Job centre call back (since Friday afternoon)

Was just wondering does Child benefit entitle NI contributions for any other benefits such as ESA? Clutching at straws i know, but i have 2 children aged 12 and 16 (16 yr old starts full time college next week) so have received child benefit for a number of years now.

Thanks
Rachel

NI Contributions can only be accrued from paid employment or registered self-employment