More Confusion

In_a_Tizz

Hi all.
Totally new to this forum. Without giving away too much personal information. I had been on contribution based Incapacity Benefit since 2009, then transferred to Support group ESA in 2013. Recently failed WCA and had money stopped. Have gone through the reconsideration process, but still failed, so now just started tribunal proceedings which look like they will take a long time. Had 3 confusing letters today advising on changes to benefits. Letter 1 says you cannot have ESA because of failing WCA. The next 2 letters acknowledge that I am in the appeals process, but cannot claim ESA because of no NI contributions in 2011 and 2012. That cannot be right as I was on IB throughout that time so would have been credited stamp. Totally confused and fed up. Had enough.

In_a_Tizz

Hi all.
Me again.
The HMRC website clearly shows that all of my NI contributions are up to date with no gaps, so where do DWP get there information. Have they altered the computer systems? Confused.

Alice_Holt

http://www.cpag.org.uk/content/ask-cpag-online-can-you-get-esa-while-you-are-challenging-decision

I would tend to challenge the decision that your are not eligible to have your ESA resumed pending appeal.

Would you have an entitlement to Income-Based ESA?
Are you receiving the Enhanced Disability Premium?

pmlindyloo

Can you tell us exactly what the letter says about NI contributions?

I am presuming that you are not eligible for income based ESA (perhaps a partner who works or high savings).

Did you claim any other benefit during Mandatory Reconsideration?

Please wait to see if someone else replies but it may be that although you did meet the NI contributions part of the eligibility test for contribution based ESA you did not meet the earnings related part and they are treating this period before the tribunal decision as a new claim for ESA under the assessment rate.

Not entirely sure, sorry.

In_a_Tizz

Hi.
Looks like part of the letters are geared towards brand new claimants but sent to all, as part of 1 of the letters says you may have to go for WCA, and send doctors notes etc. These are not things I have to do because I have already failed the WCA, Am awaiting Tribunal, and only trying to continue with my original claim, not a new One. Still very confused and fed up, but many thanks to all who have replied.

calcotti

In order to get contribution based ESA you must have paid (or been treated as paid) at least 26 weeks of contributions in one of the two years they look at. If your only contributions are credits this is not sufficient to qualify for contribution based award.

When people were transferred from IB to ESA this contribution condition was waived so people were given contribution based ESA. However the ESA will now be treating this link as broken by the WCA failure so you cannot qualify for contribution based ESA. However I think they should pay you income based ESA at the assessment rate while you wait for the tribunal unless you have income and/or savings that mean you are not entitled to anything.

Have you had your IB to ESA transfer review yet? Were you get any income based ESA top up before it stopped?