Refused CB ESA

DanDeerskin

Hi All,

I've had a trawl of some other threads but can't quite find one that fits the problem I have so I hope you all don't mind me starting a new one.

Basically I just got a letter through today saying that I have been refused Contribution Based ESA and the letter doesn't seem particularly helpful in stating what my other options are. The reason cited is that I have not made enough NI contributions. I was encouraged to apply for CB as my partner is a Teacher so Income Based may not apply, but I'm sure about this? Would it still be worth applying for IB now? Am I even allowed to apply through the IB now that I've been refused CB?

The confusing thing is that yesterday I received my application statement and medical questionnaire to fill in and return, should I still do this? I've been off sick since October and my medical and support workers are pretty clear that it could be sometime before I'm ready to return to work.

Any help would be massively appreciated as I'm just hitting dead-ends at the moment.

Torry_Quine

DanDeerskin wrote: »

Hi All,

I've had a trawl of some other threads but can't quite find one that fits the problem I have so I hope you all don't mind me starting a new one.

Basically I just got a letter through today saying that I have been refused Contribution Based ESA and the letter doesn't seem particularly helpful in stating what my other options are. The reason cited is that I have not made enough NI contributions. I was encouraged to apply for CB as my partner is a Teacher so Income Based may not apply, but I'm sure about this? Would it still be worth applying for IB now? Am I even allowed to apply through the IB now that I've been refused CB?

The confusing thing is that yesterday I received my application statement and medical questionnaire to fill in and return, should I still do this? I've been off sick since October and my medical and support workers are pretty clear that it could be sometime before I'm ready to return to work.

Any help would be massively appreciated as I'm just hitting dead-ends at the moment.

There is no such thing as IB for new claimants now, only ESA.

If you are inelegible for contriution based ESA then there is little you can do. Have you been paying NI contributions for the past two years that are used?

If you have had care and or mobility needs then you could apply for either DLA or PIP depending on where you are in the country. You need to have had the needs for 3 months for DLA and 6 for PIP.

sammyjammy

Torry_Quine wrote: »

There is no such thing as IB for new claimants now, only ESA.

If you are inelegible for contriution based ESA then there is little you can do. Have you been paying NI contributions for the past two years that are used?

If you have had care and or mobility needs then you could apply for either DLA or PIP depending on where you are in the country. You need to have had the needs for 3 months for DLA and 6 for PIP.

OP means income based ESA not Incapacity Benefit.

IF your partner is working full time then you don't have any other options, you could still claim your NI credits via your ESA claim

DanDeerskin

So by no other options do you mean trying for income based ESA prior to claiming NI Credits? The only income I receive personally (after my SSP gets stopped in May) will be DLA.

Caz3121

were you working and paying NI in the tax years 10/11 and 11/12. If not then they are correct that you do not qualify.
Depending on your other household income you may be able to claim for some help with rent but can't think of anything else. For means tested benefits, such as income based, they expect couples to support each other so your partners income is taken into account

benefitbaby

Depending on the hours your wife worked potentially working tax credit (WTC) could be an option, in addition to the housing benefit or council tax support that others have mentioned.
See: http://www.hmrc.gov.uk/taxcredits/start/who-qualifies/workingtaxcredit/

If you have your P60's for the 2011/12 and 2010/11 years and these show sufficient NI contributions then you should challenge the DWP and provide copies in support. If you did not pay sufficient NI conts and your wife's earnings prohibity an income-related ESA claim then you will receive NI credits towards your pension.
See: http://www.adviceguide.org.uk/england/benefits_e/benefits_benefits_introduction_ew/national_insurance_contributions_and_benefits.htm

DanDeerskin

I have worked from October 2011 to May 2012, then changed job May 2012 to when I went off sick in October 2012. Prior to that I was a full time student. I don't think I have any of my P60's. Are these easily obtained? Sorry I'm just completely lost with all this stuff.

sammyjammy

DanDeerskin wrote: »

I have worked from October 2011 to May 2012, then changed job May 2012 to when I went off sick in October 2012. Prior to that I was a full time student. I don't think I have any of my P60's. Are these easily obtained? Sorry I'm just completely lost with all this stuff.

There is no such thing as a duplicate P60u which is why its important to keep them safe always. Based on the information you've given it's correct that you are not entitled to CB ESA so I wouldn't worry about this. To claim for your NI credits you just need to keep your ESA claim open, if you're required to send in sick notes etc then continue to do so. Its entirely up to you whether you do so dependent on your age and how many years contributions you have/expect to have.

DanDeerskin

Ok Thank you very much all for your help. I'll keep the claim open and send in everything they have asked of me as normal.

epitome

Because you did not work between April 2010 and April 2011 You are not currently eligible for ESA CB.

When you did work Oct 11 - May 12 was it Employed or Self Employed?
When you worked may 12 - October 12 was it Employed or S/E

Did you earn (before tax) more than £5400 between Oct 11 - April 5th 2012?
Did you earn (before tax) more than £5500 between April 6th 2012 and when finished Oct 2012?

You say you are getting SSP now until May 2012?....You cannot claim ESA whilst getting SSP.

How long do you expect to be sick and unable to work for?

Does your partner work 24 hours or more per week?

DanDeerskin

Hi epitome,

Both cases of employment were Employed.

Yes I would have earned more than both those amounts in the respective periods.

The claim I have made was made over the phone and the person I dealt with was aware it was only due to start on the 8th of May when my SSP ended on the 7th May.

I believe I will be off sick till at least September but that could be significantly longer. The nature of my sickness is Mental Illness and up until now it has manifested itself as quite severe and extremely unpredictable.

My partner is contracted for 37.5 hours a week I believe, certainly more than 24.