Backdated Sicknote - ESA and NI Credits

Mistymaid

Just wondered if anyone has had a similar experience and how it was handled?

I was ill for nearly a year. Self employed. Doctor refused to sign a sicknote (claiming self employed can't claim benefits).
After the end of the year a blood test result was discovered that showed for the previous 10 months I had indeed been ill.
I went to another GP who signed a backdated sicknote for that period.
I was told I could not claim ESA retrospectively.
However I want to know if I would be entitled to NI credits for that period.

Complicated, I know. And I know that sicknotes usually have to be signed when a doctor assesses you. However I don't know how the NI thing would work - particularly galling since I did have a diagnosed illness that went overlooked, missed out on ESA, CT assistance and NI credits. Plus I had to try and work while I was ill.

Mistymaid

I'm starting to feel left out....

tomtontom

ESA can only be backdated for three months, including credits only claims.

If you're looking for benefits help it is generally quicker to post on the benefits board.

Mistymaid

Do you have any links to the credits only advice because no advice centre in the UK seems to be able to prod me toward where it actually states it in writing.

There seems to be a slight difference in what we are discussing here or at least I think so:

In most cases where ESA can't be claimed back-dated more than 3 months, this is because they did not have a clinical examination during that 3 month period to establish whether the doctor reached a diagnosis (or whatever you want to call it)
In my situation the doctor did see me, on numerous occasions, but put my symptoms down to being all in the mind.
It was only discovered a year later that my doctor had failed to read a blood test result providing evidence that I was in fact ill during the period of my attendance.
Which is why I got the back-dated sicknote.

rogerblack

Mistymaid wrote: »

Do you have any links to the credits only advice because no advice centre in the UK seems to be able to prod me toward where it actually states it in writing.

The only thing you can do is apply for ESA, backdated 3 months.
The fact you've got a sicknote backdated 6 months, or back to 1323 makes no difference to this 3 month limit.

This may cover your NI for the previous 3 months before the application.

Other than this, legal action against the first GP there is no way to recover the NI credits.
(this is unlikely to succeed)

Mistymaid

So there's a loophole in the Human Rights law then with regard to what are classed as 'disability' benefits?
Although I don't know if ESA counts as Welfare or Disability after Tomtom posted.

If I can just make it a little clearer, Roger.
You have a selfemployed person who is not fit for work and can't earn money, yet the doctor has made a mistake. This goes on for a year and during that time the individual concerned loses home etc but still has no benefit entitlement.

I'll just edit it again because this is how it spirals. If you don't pay the NI contributions for the year you became ill but had it overlooked, then you can (if you've got the money after your year of no money) make the NI contributions up voluntarily. However, because they are voluntary contributions they are classed as Class 3 (only building up your pension) not as Class 1 (as they would be if your illness had been identified) or Class 2 if you had been paying them at the time. Therefore that excludes you from claiming contributory benefits after the period the original diagnosis was overlooked because you need 2 full years of NI contributions.

tomtontom

Can you be more specific in which human rights law you are referring to?

ESA is an earnings replacement benefit, you do not have to be disabled to claim it.

I would agree with rb that your only claim here may be against the doctor for negligence. That could take anything up to four years to resolve with no guarantee of success. I would focus on your situation now and not what has happened in the past.

Mistymaid

Article 2 the state must take action if there is a death and they could have done something to prevent it.

Also, in theory they could apply it on a national level. All a doctor has got to do is to refuse to sign a sick note. That's it and thousands of sick people would lose their entitlement and be forced into the legal route to seek recourse.
It's the 'three month rule' that does it.

Thanks for the advice re taking my doctor for negligence and how to focus on my future - only I ended up with no home and neurological disability and, because of the tax credits situation I couldn't then claim benefits again.
Good innit?
So my current situation is rather dire.

What I can't understand, specifically from a board such as this, is why people don't think I should have issue with having an illness overlooked and being deprived of what most people on here are claiming!
I said on the other thread (which you suggested I go on) if everyone on here had their benefits stopped for 10 months, there would be uproar. And by benefits I mean council tax, NI credits, housing benefit - the whole kit and kaboodle.
And I would be uproaring for them!

I hope you understand what I'm saying:
All they have to do is refuse to acknowledge people such as the ones on this board are sick - and there is nothing you can do.
Plus, if the people then don't register for work in some way, shape or form, and contribute on-going toward their NI, after that year is over and even if they sign a sicknote, then they can't claim because the last 2 years of their contibutions are not up to date. Even further, if they voluntarily pay them they aren't classed as counting toward benefits (only pension). So you have a situation where one mistake leads to 3 years denial of benefits - until you find a way of getting back into the system.
Sounds impossible - it isn't, because it happened to me.

tomtontom

You're not making much sense.

I'll ignore the ECHR reference because it is not relevant.

You have been told that you cannot backdate for more than three months, no one here can change that. You could have applied for HB, CTB etc at an earlier date due to your low income - did you do this and what was the outcome?

Do you need help with your current situation? I assume you now have an active claim for ESA, HB etc?

Mistymaid

It is relevant you just don't understand it.

No, I did not apply for the other stuff because I was told by CAB and an advisory centre (twice) that there were no benefits available to me. If you're going to tell me now that even as a self employed person I should have been entitled to at least help with council tax and housing benefit, I'm going to be livid (not with you!)
I was even told it by an MPs office.

No, I don't have an active claim because any contributions I make up that involved the last two years are considered voluntary ie they will only contribute toward my pension and not any benefits.

I just thought I'd add that the majority of problems arise when it comes to self-employment. I have it on my medical records, twice, that there is no point in signing me off as sick because as self-employed I can't claim anything. I was told by CAB I couldn't claim anything and the advisory service and MPs office I mentioned before.
I had no reason to believe any of them didn't know what they were talking about - I've never claimed benefits.

tomtontom

I spend each day interpreting the law, it's my job - there is no problem with my comprehension of the ECHR.

Yes, you can claim HB, CTB etc on the basis of being on a low income. You may be able to backdate these claims if you can demonstrate you were misadvised.

You should be claiming income based ESA now - unless you have another source of household income or capital over £16,000?