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

epitome

What you should have done was to get doctors sick notes and stayed on ESA appeal rate in from January 2010 until April 2011, you should not have claimed JSA at all

Having claimed JSA, You should not have made a new claim to ESA, but should have just gone onto ESA at appeal rate with sick notes.

Because of the new claim and the DWP error in paying you ESA C when you were not entitled....you were wrongly advised by WR to drop your appeal, but they were not to know that the DWP had made an error. Looking at it from their point of view at the time, it was reasonable to drop the appeal.....although in doing so, they were stopping you from getting a possible WRAG component in arrears for 6 months from January to July.....so it wasn't the best of advice whichever way you look at it.

You do not say when they actually paid ESA up until July 2012?

You have had an overpayment which you should not be expected to pay back.

If I were you I would submit another appeal against the original decision in Jan 2010 that found you fit for work. Citing the reason for late submission that you had already appealed this, but were advised by jobcentre to claim JSA and then make a new claim to ESA in July 2010, and that claim was awarded to you. As a result of DWP error in awarding you the benefit, WR advised you to drop the appeal (get a covering letter from WR to show they did tell you to do this.). Subsequently many months, years(?) later DWP realised their error and have left you without any entitlement to ESA C and no appeal decision was ever reached. So you feel you have a right to have your day at tribunal, given that it was DWP error that caused all of this.

Wait for their reply to your appeal, if they disallow the appeal (on grounds that it is too late), then appeal their decision to disallow the appeal......go to tribunal and make your case at tribunal for the right to have your 2010 appeal heard.

Cpt.Scarlet

epitome wrote: »

If I were you I would submit another appeal against the original decision in Jan 2010 that found you fit for work. Citing the reason for late submission that you had already appealed this, but were advised by jobcentre to claim JSA and then make a new claim to ESA in July 2010, and that claim was awarded to you.

You can't appeal a decision that is more than 13 months old and you can't appeal the fact that you can't appeal a decision that is older than 13 months.

rjhspaniel

Thanks to who had input into this, it has been much appreciated.

Had call back from a manager (team leader) from job centre yesterday.
She was very nice and apologised for the drawn out situation and all the phone calls i had had to make.
She informed me that there was something very wrong on my DWP record, and that she would need to go to a higher authority as she didnt know how to proceed.
I spent the next 2 hours wondering what on earth they or possibly ME had done.
A decision maker called me back and told me the problem was caused by Inland Revenue. They had not credited ANY NI to my record in all the time i had claimed incapacity benefit. This is what had ended my entitlement.
She had been into the system and manually inputted the contributions and then it had given me back the ESA C award that i am currently claiming. She then put the payment through that i should have had 2 weeks ago and it was in my account within an hour.
I did mention what the other person had said to me about the JSA, and she said that this was all ok, and had nothing to do with it.
The only thing that had caused all this was the NI contributions from 2007/08 and 08/09.
So i dont know if it was a DWP error or Inland Revenue error, as she told me they both use each others systems.

Hope no one else ever has these problems, but this could be a possible cause and solution for them if they do.

Thanks again
From
Rachel