ESA(C) cut - why? :(

[Deleted User]

Witchfinder_General wrote: »

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.

you have chosen an apt user name,this forum isn't here to pass judgement on ANYONE

dippy3103

r_i_c wrote: »

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.

how long did you claim JSA for? That might be your answer. Ask for them to explain in writing why.. Far better to have the written explanation

r_i_c

dippy3103 wrote: »

how long did you claim JSA for? That might be your answer. Ask for them to explain in writing why.. Far better to have the written explanation

Thanks, well I will. Hope also to phone them tomorrow. My claim for JSA(C) was opened on June 22nd. My GP then issued a medical certificate. A second certificate was issued and the JCP said I should end my claim for JSA and begin one for ESA because JSA only supported a fixed time for certified medical conditions. Then they helped me start a fresh claim, this time for ESA, the new claim began on the 24th August.

So far then I have been in receipt of contributions-based benefit for a little over 2 months. I was given to understand contributions-based benefit lasted for 6 months and then ended, no argument. Fine by me.

Today I received notification that my NICs had run out as of August 22 - yes, two days before my ESA claim which was accepted at the time over the phone and confirmed in writing subsequently. The NICs letter however goes on to state that no more contributions-based benefit would be paid.

In this way I have received one DWP letter confirming my ESA claim of August 24th, and then another DWP letter telling me my NICs expired August 22nd.

Net result, total confusion

merlin68

If contributions based has run out, you just claim income based instead.
There obviously adding your claim from 2013 to this one.
How long did you claim for then?

r_i_c

merlin68 wrote: »

There obviously adding your claim from 2013 to this one.
How long did you claim for then?

Thanks, in 2013 I was on ESA, can't remember exactly how long for and in any case in October of that year I became a full-time carer, so I left ESA behind me. And now today, surely this is a fresh claim - how can they possibly add it onto a closed down claim?

merlin68

Because they can, i really wouldn't worry about it. You'll still get it.
They messed mine to start with, sent me a letter saying i wasn't entitled to esa due to not enough nics. So i rang up in a flap. But they still paid me income based.

r_i_c

Thanks: income based isn't an issue; contributions-based is though, I have paid all my contributions. Will update.

r_i_c

Got through to the helpline.

They said - condition 1 - even though I had paid Class 1 NICs as a carer (which go towards the state pension) I had - condition 2 - not paid enough NICs to (or through) an employer, and you need to have satisfied both conditions in the last full tax year to build up the NICs required for a contributions-based benefit.

That makes sense but it is also confusing, CAB did not pick up on that for example, when I approached them earlier in the summer.

So if DWP are correct, there's nothing for me to gain by requesting ESA. The NIC's for benefits have expired and my savings are over the cap for support. I now have to grit my teeth until next spring when I formally retire.

If all of the above is correct, perhaps there will now be the time for the grieving process to complete itself - without all these telephone calls, letter writing and form filling which have kept me in a state of limbo since mum passed away, and then I can move on.

Many thanks.

Ps. One last thing they said which threw me completely was that my JSA since June had been income-based. Now that is crazy, I elected for contributions-based. Anyway, presumably this is now all academic?

merlin68

Did they know about your savings and how much are they, You might get away with pension credit if your 62. For pension credit i believe its 10 grand.

r_i_c

merlin68 wrote: »

Did they know about your savings and how much are they, You might get away with pension credit if your 62. For pension credit i believe its 10 grand.

Have declared that I am over the savings threshold, so there will be no income-based benefits, and I am under 62.

Just want to be sure that if I sign off from the DWP now - because there will be no income-based benefit and my State Pension NICs are already up to date - signing off won't boomerang back on me at some future stage? It wouldn't be the first time the DWP have mucked up on me. Maybe I ought to book a visit to the local CAB over this, just to make sure?

At the moment I can see no advantage to carrying on with ESA at all, even though I'm signed off by the GP. If I pursue my ESA claim (to what end?) I have to fill in a raft of ESA forms which hit the door mat two days ago. If I don't need to go through all that then what's the point please?

Thanks.