ESA new claim

scodgey

hello new to the forum, i have been very poorly in recent months about 18 months in total had a stroke and was diagnosed with possible vascular dementia and have severe mobility issues, i was awarded pip in november 2019 i was and still am very poorly although my mental health has improved i couldnt do much when it first happened never new what day it was, had and still have carers every day, i have only realised in recent weeks that my national insurance has  not been getting paid this is not an oversight i simply havent been functioning normaly up until now, im not concerned about the money although that would be nice im concerned about the missing 18 months of national insurance contributions, the helpline tell me 3 months is the most it can be backdated, is this the case ? has anybody backdated more than that due to extreme circumstances, thanks ian

pmlindyloo

Do you mean that you are not receiving NI credits?
https://www.gov.uk/national-insurance-credits

scodgey

yes im not receiving credits at the moment, ive worked most of my entire life im 53 and have 32 full years credits and the others partial, the last 18 months or so nothing, 

TELLIT01

I haven't any experience of claims being backdates more than 3 months although others may have but it will be in very exceptional circumstances.  The fact that you have worked for 32 years is not relevant to your ESA claim.  Entitlement to ESA is based on NI contributions in the 2 tax years.  More information here https://www.gov.uk/employment-support-allowance/eligibility

pmlindyloo

I am sorry that I have misunderstood the question.  I believed the OP had been receiving ESA.
I have found this link which seems to suggest that the OP can backdate the NI credits if he can prove that he had limited capability for work during the period that he was not claiming ESA.
https://www.rightsnet.org.uk/forums/viewthread/9159/   scroll down to 8b of the legislation link
Have I read this correctly?

scodgey

i appreciate that thanks, ive logged onto my account on the gov site and checked my contributions how much i get when i retire etc.. im not trying to claim contribution based ESA it income based ESA, im trying to get the 18 month blank filled in, i was unable to claim it due to severe mental illness

poppy12345

You won't qualify for payment for the New style ESA, only NI credits.

Have you looked at claiming Universal Credit? It's means tested so if you have savings/capital over £16,000 you'll be excluded from claiming. If you live with a partner you'll need to claim as a couple, whether you're entitled to anything will depend on your circumstances. You'll need a fit not from your GP to start the limited capability for work process off .

https://www.entitledto.co.uk/benefits-calculator/Intro/Home?cid=cebf9584-f190-4993-adfe-f965af014ba6

scodgey

Im not changing to universal credit ive seen and heard all of the horror stories about it, if this is the only way ill just take what i have

poppy12345

scodgey said:

Im not changing to universal credit ive seen and heard all of the horror stories about it, if this is the only way ill just take what i have

Not changing? If you're not receiving any money for the ESA, which is unliklely because you haven't paid the correct amount of NI contributions then it makes sense to claim UC and receive the money. You still have to go through the work capability assessment process which ever one you claim. Of course it will depend on your circumstances whether you're entitled to UC.

Spoonie_Turtle

scodgey said:

Im not changing to universal credit ive seen and heard all of the horror stories about it, if this is the only way ill just take what i have

The only ESA claims possible now are for new-style, which is contribution-based. UC had replaced income-based.

If you are happy to provide a bit more information here about your circumstances we could try to explain UC a bit more for you, maybe clear up any specific concerns you have.

There are some areas of functional overlap between PIP and the Work Capability Assessment (which is exactly the same whether it's for ESA or UC) and certain descriptors automatically mean you are assessed as not fit for work. E.g. if you cannot walk or self-propel 50m (maybe relevant as you said you have severe mobility issues) you should be awarded Limited Capability for Work and work-Related Activity (LCWRA), the equivalent of being put in the Support group.

scodgey

Thankyou this what i am concerned about, being financially worse off if i switch to universal credit i recieve full pip about 600 pound every 4 weeks industrial injuries benefit which is 72 pound a week and a small private pension from british coal for around 25 pound a week thats my incomings i dont pay rent or poll tax