Backdated Sicknote - ESA and NI Credits

Mistymaid

Do you know I think I can actually evidence I was misadvised. Only the other day I found the scribbled notes from CAB with the guy's name. I also had a witness on one of the attendances to the advisory service - and I sent a stinky email to the MPs office after a member of staff spoke to me on the phone and told me I shouldn't expect to be entitled to benefits because I was paying 'a lower stamp.'

I don't have another source of income or capital over 16k - but I was told that there is a gap in my NI contributions in the relevant years which makes me ineligible for ESA and, even if I make the amount up voluntarily (top up) it will only be counted as Class 3.

pmlindyloo

Can we just check that you are now entitled to income based ESA because if you are then you have no need to worry about your lack of NI credits?

So, have you a partner? Do they work?

Have you any income from your self employment? If so, how much?

Have you any savings? Do you own a second house?

If you have no other income at all and savings under £16000 and you have a fit note you can apply for income based ESA now and ask for it to be backdated for 3 months.

You can claim housing benefit and council tax support now. HB can be backdated for up to 6 months. You would have to provide good reason for this. CAB will have a case record of what was said to you. Ask them for a copy. Any other written evidence that you were misled about being able to claim HB and CT support? This evidence should be sufficient to get HB backdated for 6 months. CT backdating will depend on your council but ask about it offering the same evidence.

I am not disbelieving you when you say that so many people told you that you were not entitled to any benefits at this time but it does seem strange that so many people were misinforming you. For instance, without a fit note you could have claimed JSA.

Were you by any chance claiming working tax credits during that year as you do not say that you ended your self employment? WTC would have counted as income for HB and CT support and you would not have been eligible for JSA as you were in employment.

Mistymaid

I've not had income based ESA mentioned - only contribution based and been told I don't have enough credits.
(I've actually only learned about ESA in the last couple of months anyway - I was carrying on as if I wasn't entitled to anything)

No, I don't have a partner.

No savings, no second home.
Income from self-employment in that year was under 3k

I'm just skipping a few till further down.
I don't think the self employed can claim JSA. I'm pretty much 'certain' they can't sickness (but under normal circumstances the ESA should have kicked in)
Bearing in mind though that I wasn't thinking the JSA route - at the time I was very ill and all I cared about was getting a sick note and lying down a while!
I was also told that if I packed in my self-employment and tried to claim JSA I would have been considered making myself purposefully unemployed. I think that's where the catch is. It's a little like an employed person packing in their job.

I got just under £30 a week working tax credit during that 10 months but it was stopped for 3 because I messed the forms up.

Can I clarify something with you regarding the 3 month rule? When does that start/backdate from?
As an example: I went the 10 months with the blood test overlooked. It was then picked up but it was another 6 months before I got another GP to sign a backdated sick note.
So, does the three month rule apply only for the first 3 months the blood test/diagnosis was overlooked for? ie had they picked it up after 4 months I couldn't have claimed even if they'd signed a sicknote there and then.
Or does it mean I had to get a sicknote in the 3 month period after the overlooked blood test was found?
Or does it mean that when I got the sick note I should have been allowed to claim for the last 3 months the blood test was undiscovered?

Thanks for your assistance.

pmlindyloo

To be able to claim the 3 months backdating all you need is a fit note that covers that period. But the 3months backdating will only start from the day that you apply for ESA so apply ASAP.

Ditto with the HB and CT support.

You will be entitled to income based ESA.

Mistymaid

Thank you.

Want to know something really funny. I discovered a few months back that the swines had missed the result of another blood test from back in May 2011. I actually had to get that result from the lab because there was no mention whatsoever in any of my medical records.

I'm not even going there because I'm sure you'll think I'm making it up.

Even I don't believe this !!!!-up.

rogerblack

Mistymaid wrote: »

Thank you.

Want to know something really funny. I discovered a few months back that the swines had missed the result of another blood test from back in May 2011. I actually had to get that result from the lab because there was no mention whatsoever in any of my medical records.

I'm not even going there because I'm sure you'll think I'm making it up.

Even I don't believe this !!!!-up.

this is all quite irrelevant to you ESA entitlement.
In principle, you can take legal action against the NHS or your doctor.
Even if it's found that he did it maliciously and is put in prison - you cannot backdate ESA more than 3 months.