Calculating ESA

ettsam

Thank you for getting back to me I will concentrate on getting them to look at my contributions based ESA as although I have information that I had transitional protection they say they will not pay this as I have not got the relevant national insurance contributions. Sorry for all the confusion but I get different letters from the DWP and also if you could help they have sent me an ESA1 form am I right that if I fill this in I would then be treated as a new claim as I dont want that to happen

sportsarb

Your claim is unbroken though? From the original IB claim pre 2001?

ettsam

yes its unbroken suspended for an investigation but at appeal i won they start paying me for 3 months in 2018 then stopped and this is why i am trying to fix it out

calcotti

ettsam wrote: »

yes its unbroken suspended for an investigation but at appeal i won they start paying me for 3 months in 2018 then stopped and this is why i am trying to fix it out

I thought from this thread https://forums.moneysavingexpert.com/discussion/5905112that there was a period from 2012 to 2014 when you were in WRAG which means any entitlement to contribution based ESA would have ended and the ongoing ESA will be entirely income based. If so your pension income is taken fully into account and deducted from your maximum ESA entitlement to arrive at the amount payable.

sportsarb

ettsam wrote: »

yes its unbroken suspended for an investigation but at appeal i won they start paying me for 3 months in 2018 then stopped and this is why i am trying to fix it out

The process where I am is as follows, if someone previously entitled to contribution based ESA in the support group, loses that entitlement because they are then moved to the WRAG, and is subsequently awarded support group again then should be invited to make a new claim to see if they satisfy the conditions on a new claim because there are benefits to be had from becoming newly entitled.

However, where they aren't newly entitled, the claim should be put back in payment based on the original claim, and if subsequently put back in the WRAG entitlement stops immediately rather than after 365 days entitlement.

Its obviously difficult to tell exactly what's gone on in your case but it does seem like there should be a solution to it if someone has a proper look at it.

I wouldn't be surprised if your claim has been previously transferred off the payment system and confusion has arisen when they went to put it back on the system. It happens extremely often with 'reassessment' cases and information often gets lost in the process.

calcotti

sportsarb wrote: »

The process where I am is as follows, if someone previously entitled to contribution based ESA in the support group, loses that entitlement because they are then moved to the WRAG, and is subsequently awarded support group again then should be invited to make a new claim to see if they satisfy the conditions on a new claim because there are benefits to be had from becoming newly entitled.

My thinking is that even so, when someone has been on ESA for a lengthy period they are not going to meet the new claim conditions because although they will have NI credits they will not meet the requirement to have 26 weeks of actual payment (or being treated as having paid). Therefore the ongoing ESA remains as income based.

ettsam

Sorry to ask so many questions but do you think i should fill in the ESA1 for or ask for a MR

poppy12345

calcotti wrote: »

I thought from this thread https://forums.moneysavingexpert.com/discussion/5905112that there was a period from 2012 to 2014 when you were in WRAG which means any entitlement to contribution based ESA would have ended and the ongoing ESA will be entirely income based. If so your pension income is taken fully into account and deducted from your maximum ESA entitlement to arrive at the amount payable.

I also read through that whole thread and i agree with you here that the time spent in the WRAG between those 2 dates would mean that the OP would not go back onto Contributions based when they went back into the Support Group.

calcotti

ettsam wrote: »

Sorry to ask so many questions but do you think i should fill in the ESA1 for or ask for a MR

My opinion is that you need to contact ESA and ask about the SDP. If this is awarded it appears you will be entitled to some ESA to top up your pension income.

Currently your pension income exceeds your ESA entitlement and your are therefore not eligible for any payment.

Just to add that advising on a forum can only be based on the information provided and your narrative has been somewhat confusing (that is not a criticism of you - just an observation about your benefit history). If you have access to an advice agency you may wish to get face to face advice where someone can actually look at your paperwork.

ettsam

The people dealing with SDP told me i have an underlying entitlement but it is not in payment