Incapacity Benefit to work to ESA Help

Lilydog

Hi
I am diagnosed with bipolar and decided to go for a part time job 3 months ago, I got it and came off Incapacity Benefit. However it became much too stressful and I started to deteriorate so I left last week.
I applied for contribution related ESA last week and got a letter today saying I wasnt entitled to it as I hadnt paid enough contributions in the last 2 years. However I have been on Incapacity Benefit for over five years and thought that paid my contributions.
Feeling really sad about this as I tried my hardest to work, and although we are just over the limit for income related we really need this money.
Does anyone know if this contribution thing is right and if there is anything else we can do?
Many thanks.

Cpt.Scarlet

IB provides NI Credits not Contributions, if you were in work more than 12 weeks then you cannot link back to your IB, you may be able to claim income related ESA depending on income, savings and the hours that a partner works.

Lilydog

Hi
Thanks for your reply, I was in work for 11 weeks...
Will that make any difference?

rogerblack

Lilydog wrote: »

Hi
Thanks for your reply, I was in work for 11 weeks...
Will that make any difference?

No - the amount of time you were in work is irrelevant.
The important thing is did your IB claim end within 12 weeks of your ESA claim starting.
If it did not - then unfortunately, your claims will not link, and you will be assessed on the recent tax years - 10/11 and 11/12, and fail, hence only be paid if your household income is low enough.

Lilydog

Thanks so much for your help.
My IB ended within 12 weeks of my ESA starting. Does that mean anything? So hard to try and work then not be able to continue.

benefitbaby

What date did your IB end?
What date did you make ESA claim?

If these 2 dates are less than 12 weeks apart then the DWP have gone wrong and you need to appeal. This is because your new claim for ESA should have linked back to your old IB claim and you should qualify.

BUT if the two dates are more than 12 weeks apart then there is nothing you can do to claim a contribution based benefit. So you will have to look at income-related ESA or WTC, HB etc.

Lilydog

My IB ended on 12/4 and my ESA claim started on 28/6 making 11 weeks between them I think.
Will ring them on Monday I guess... Phew, really hope there is a chance!

benefitbaby

By all means ring them but you also need to formally challenge their decision and you have one calendar month from the date of the letter saying you are not entitled. The quickest and easiest way to do this is to submit an appeal on GL24 stating that you disagree with their decision because you claimed CESA within 12 weeks of your IB claim ending and that the reason that your IB claim ended was because you took up paid employment (provide copies of any evidence e.g. payslips).

GL24 to download here: https://www.gov.uk/appeal-benefit

Keep a copy just in case.

Horseunderwater

Lilydog wrote: »

My IB ended on 12/4 and my ESA claim started on 28/6 making 11 weeks between them I think.
Will ring them on Monday I guess... Phew, really hope there is a chance!

It is exactly 11 weeks between those 2 dates so get that appeal in as soon as you can and ask them to link your IB to your ESA.

Lilydog

Hi
I have been on IB for over 5 years, and recently decided to leave to work part time, the Job Centre adviser told me to ring back if the job didn't work out within a few weeks. I managed 11 weeks, and then tried to claim contribution related ESA, with medical certificates and all. The benefits people are now saying the 12 week linking rule does not apply to IB and I did not work enough in the last 2 years to get contribution related. We're just over the means tested benefit limit.
I'm absolutely devastated, we really need the money. Is there anything else I can do?
Thanks

Horseunderwater wrote: »

It is exactly 11 weeks between those 2 dates so get that appeal in as soon as you can and ask them to link your IB to your ESA.

jacques_chirac

rogerblack wrote: »

No - the amount of time you were in work is irrelevant.
The important thing is did your IB claim end within 12 weeks of your ESA claim starting.
If it did not - then unfortunately, your claims will not link, and you will be assessed on the recent tax years - 10/11 and 11/12, and fail, hence only be paid if your household income is low enough.

In 2011 linking for IB claims ended, and any further claim would be treated as a new claim for ESA. I know there was some fuss about this, it is not fair, did the rules change to allow linking between IB and ESA?

Here is a link to confirm the above. I can't find anything more recent to confirm either way

Edit: I have checked the Decision Makers Guide and cannot find anything that supports the OP being able to make a linked claim. The linked claim (and transitional protection) would only apply if the claimant has already been transferred to ESA.