ESA(C) cut - why? :(

r_i_c

Hi,

Began a claim on June 22nd this year for JSA(C) after mum died and my Carer's Allowance ended. Everyone seemed to think JSA(C) lasted for 6 months. My GP signed me off with bereavement. Recently the JCP suggested I claim ESA because the time limit for medical certificates was coming up on JSA. So I did. Then ESA wrote me and said they were disregarding most of my medical certificate due to their rules, and I must submit a new one, followed by my worried phone call to the doctor's surgery. They said what was being done to me was "bureaucratic nonsense" but I must still go in for another certificate.

Reeling from that - most of my life is reeling over the past 4 months or so - today I get a letter from ESA telling me that they can't pay any more contributions-based benefit to me because my NICs have run out. They cite the tax year 2013-14 for this. I'm perplexed though, because the state pension people told me I have paid all my NICs and indeed that I have 'overpaid' them.

So what is the ESA on about please?

Two years ago I had a claim with ESA over a very painful back complaint which has been revisited on me at least once over the period of my bereavement. I was called to tribunal but did not attend - I couldn't cope with caring for mum, moving from my own home to hers, and appearing at a tribunal all at the same time: I couldn't handle it. Even though the tribunal had all the facts and figures I lost the hearing. Is this something to do with what the ESA are saying to me now I wonder?

Two years ago, I was set to care for mum for at least 5, 7 maybe 10 years, then suddenly she took ill earlier this year and I lost her. If that wasn't enough I find myself once again being bullied by ESA - there is no explanation as to why they consider my NICs are insufficient apart from the tax year they cite.

Can anyone shed some light on what is going on please? Of course I am due to phone them tomorrow and anticipate a massive phone bill, which no-one needs, and an eternity of pre-recorded music jangling up the phone line from one of their numerous, anonymous and understaffed call centres :-|

Many thanks.

paragon909

r_i_c wrote: »

Hi,

Began a claim on June 22nd this year for JSA(C) after mum died and my Carer's Allowance ended. Everyone seemed to think JSA(C) lasted for 6 months. My GP signed me off with bereavement. Recently the JCP suggested I claim ESA because the time limit for medical certificates was coming up on JSA. So I did. Then ESA wrote me and said they were disregarding most of my medical certificate due to their rules, and I must submit a new one, followed by my worried phone call to the doctor's surgery. They said what was being done to me was "bureaucratic nonsense" but I must still go in for another certificate.

Reeling from that - most of my life is reeling over the past 4 months or so - today I get a letter from ESA telling me that they can't pay any more contributions-based benefit to me because my NICs have run out. They cite the tax year 2013-14 for this. I'm perplexed though, because the state pension people told me I have paid all my NICs and indeed that I have 'overpaid' them.

So what is the ESA on about please?

Two years ago I had a claim with ESA over a very painful back complaint which has been revisited on me at least once over the period of my bereavement. I was called to tribunal but did not attend - I couldn't cope with caring for mum, moving from my own home to hers, and appearing at a tribunal all at the same time: I couldn't handle it. Even though the tribunal had all the facts and figures I lost the hearing. Is this something to do with what the ESA are saying to me now I wonder?

Two years ago, I was set to care for mum for at least 5, 7 maybe 10 years, then suddenly she took ill earlier this year and I lost her. If that wasn't enough I find myself once again being bullied by ESA - there is no explanation as to why they consider my NICs are insufficient apart from the tax year they cite.

Can anyone shed some light on what is going on please? Of course I am due to phone them tomorrow and anticipate a massive phone bill, which no-one needs, and an eternity of pre-recorded music jangling up the phone line from one of their numerous, anonymous and understaffed call centres :-|

Many thanks.

If your national insurance contributions have run out, you should make a new claim for income based ESA and submit the relevant documents.

Any old claims wont be taking into account unless it's the same illness which you can't claim under now unless your condition is worse, As before you had to wait 6 months from the decision.

nannytone_2

its 12/12 and 13/14 .... it changes every hanuary and is the last 2 complete tax years

r_i_c

Thanks but I still don't understand, why am I only being given some 3 months NICs / JSA-ESA(C) instead of the maximum 6 months, which I thought I was entitled to?

What has happened to the missing 3 months please?

Thanks again.

nannytone_2

Contributory Employment and Support Allowance and national insurance contributions
The first contribution condition for contributory Employment and Support Allowance (ESA) is that you must have actually paid enough Class 1 or 2 national insurance contributions in at least one of the last two complete tax years before the year in which you claim. However, you may be able to satisfy this condition with contributions paid in any tax year in some circumstances - for example, because you were getting Carer’s Allowance or Incapacity Benefit, or if you were getting Working Tax Credit with a disability element before you became incapable of work.

r_i_c

nannytone wrote: »

Contributory Employment and Support Allowance and national insurance contributions
The first contribution condition for contributory Employment and Support Allowance (ESA) is that you must have actually paid enough Class 1 or 2 national insurance contributions in at least one of the last two complete tax years before the year in which you claim. However, you may be able to satisfy this condition with contributions paid in any tax year in some circumstances - for example, because you were getting Carer’s Allowance or Incapacity Benefit, or if you were getting Working Tax Credit with a disability element before you became incapable of work.

I was my mum's full-time carer for 17 months from October 2013 until April 2015, she died in early May after a brief period in hospital. As a DWP registered carer I was in receipt of Class 1 national insurance contributions. Why then am I told my NICs have run out please? I was told to expect contributions-based benefit, if I needed it, to run on for 6 months.

Thank you.

Witchfinder_General

r_i_c wrote: »

Hi,

Began a claim on June 22nd this year for JSA(C) after mum died and my Carer's Allowance ended. Everyone seemed to think JSA(C) lasted for 6 months. My GP signed me off with bereavement..

How long is your "bereavement" likely to last then? You have already had 4 months off.

My dad passed away while I was in Norway. I was given 14 days leave. In that time I arranged his cremation in the Midlands, and his burial in the North. My sister, brother and I were also in "bereavement". My brotther worked for Hotpoint, he was given an hour off to attend the funeral then he was back at work.

Death is a part of life. We never stop grieving. But most of us don't go on the sick UFN either.

You need a job to give you some focus, and to help you move on.

r_i_c

Witchfinder_General wrote: »

How long is your "bereavement" likely to last then?

There is no definite time period for recovering from the loss of a loved one, the period of that grieving. I imagine it is different for different people, and I rely on my GP for guidance.

Can we stay on topic please, I have been given precious little time by the DWP to sort this out, and I am posting here for advice not criticism.

Thank you.

dippy3103

When did your CA claim start? And also when did your ESA end for your previous back problem? Lastly what was your income before your Mum passed away?

teddysmum

Quoting you, OP:


'They cite the tax year 2013-14 for this. I'm perplexed though, because the state pension people told me I have paid all my NICs and indeed that I have 'overpaid' them.'


I believe that here they are referring to the number of years that you have paid NI contributions and that you have paid over the threshold number for full basic pension. However, once you reach this level, you still have to pay contributions up to State pension age, if you are working.

r_i_c

dippy3103 wrote: »

When did your CA claim start? And also when did your ESA end for your previous back problem? Lastly what was your income before your Mum passed away?

This is possibly something of a Pandora's Box. My CA claim began in October 2013. My ESA claim - and after extensive physiotherapy - ended when my CA claim began, although it was complicated by the DWP insisting that a pension scheme counted as 'capital', which it didn't. That dispute they dropped, no apology or explanation, and then they forgot to properly close down the ESA claim. I know, because that resurfaced when I made my recent claim for JSA(C). Then they formally closed the old ESA claim - which had been in suspended animation, doing nothing - and opened the new claim for JSA. This took many weeks I recall. Before mum passed away I was claiming ESA, that's about £72 a week.

What I'd like to know is though - since the DWP obviously get their wires crossed (as above), are they mistaken in thinking I have exhausted my NICs, and do I have a further three months contributions-paid benefit claim? Lord knows, I do not want to go through all this claim and counter-claim business again, and I am not actually in a fit state so to do - if the NICs are gone that's fine by me and I will abide by a just decision. But if the DWP have got it wrong again, then I must appeal, whether I feel able to or not.

To recap, why have 6 months contributions-based benefit suddenly shrunk into 3 please, there must be a reason?

Many thanks.