Esa3

hogan53

Hi
JSA was my mistake.
Yes she had her First Tier Tribunal found the letter.
The appeal was refused....the decision made on 10/04/12 is confirmed.

hogan53

What is WRAG?

epitome

Doesn't matter, she lost her appeal, so they will close her claim as soon as they find out, if they haven't already done so.

There will be an overpayment from the date of the tribunal. Which should be down as wholly official error and thus not repayable.

She can make a new claim for ESA NI credits only (ESA Conts claim, but will ony rec'v NI credits) she would need to continue to supply sicknotes, will have a new assessment, and will fail, and can then appeal again, to stay qualified for NI credits only. Might aswell backdate the new claim to the date of closure after losing the appeal. to ensure continuous NI credits.

hogan53

Thank you for the help:T
Obviously they are trying to force her off claiming any support.
So its down to me then.Back to working 6 days a week at least ive got a job which i hate now.
What a situation.
Cheers
hoggie

hogan53

Just one last thing the Benefits Office said that if she keeps sending in her medical sick/fit notes she will receive NI contribution credits.
Is that correct?

epitome

What should have happened or is about to happen is that the old claim on appeal (now lost) will be closed.

If she wants NI credits to continue.... strictly speaking she is not entitled to them on ESA. She can make a new claim to ESA C with sick notes and they will pay her NI credits. She will have:
another ESA50
another assessment (probably fail)
and can appeal again with sicknotes to continue to get NI credits.

Or she can claim JSA NI credits.