ESA new claim

scodgey

thanks no one claims carers allowance i have professional carers from here every day that the council pay for i contribute a minimal amount towards it i also pay for a fall detector provided by the council 

calcotti

You can claim income based ESA because your Housing Benefit calculation includes a Severe Disability Premium. Your pension will reduce the amount of income based ESA as will the IIDB but there will still be some entitlement if you are placed in the Support Group.
When did you last work? If your NI credits/contributions are full for 2017-18 and 2018-19 you will be entitled to contribution based ESA. For c-ESA the pension income would be ignored and I think the IIDB would be too (although I’m not sure on that last point).

scodgey

i havent worked since september 2018 this is around the time i had the stroke theres been no contributions since then 2017 2018 was a partial year 

calcotti

scodgey said:

i havent worked since september 2018 this is around the time i had the stroke theres been no contributions since then 2017 2018 was a partial year 

So no entitlement to contribution based ESA but I think there will be an entitlement to income based ESA. You should apply - you are going to need to anyway in order to establish Limited Capability for Work which is required to get NI credits. 
https://www.gov.uk/employment-support-allowance/how-to-claim
You will need to ring 0800 169 0350 to claim.
Your ESA entitlement will include the SDP. I calculate that, even though your pension and IIDB will be deducted from your ESA entitlement, during the ESA Assessment Phase you will be entitled to about £60/week of ESA and if put into the Support Group this will rise to £99. You can request 3 month backdating when you claim provided your GP will issue you a backdated Fit Note to cover this period.

scodgey

thanks i have already applied the main question is can i get the missing contributions from september 2018 till now ? i was very ill then its took nearly two years to recover mentaly, this is why i did not claim at the time i was a sorry state i didnt even know what day it was never mind fill a form in for ESA

calcotti

scodgey said:

thanks i have already applied the main question is can i get the missing contributions from september 2018 till now ? i was very ill then its took nearly two years to recover mentaly, this is why i did not claim at the time i was a sorry state i didnt even know what day it was never mind fill a form in for ESA

I don't think you can. The grounds for getting NI credits are that you have Limited Capability for Work and I don't think this can be assessed retrospectively.

scodgey

the doctors nurses carers and social workers and the neuro surgoen cannot assess me retrospectivley ?

poppy12345

scodgey said:

the doctors nurses carers and social workers and the neuro surgoen cannot assess me retrospectivley ?

No, not for the work capability assessment they can't.

calcotti

scodgey said:

the doctors nurses carers and social workers and the neuro surgoen cannot assess me retrospectivley ?

The assessment is not done by your medical team - it's done by the health assessor acting under instruction from the DWP (albeit informed by the medical evidence) and I can't see them doing it retrospectively for an 18 month period. The WCA is triggered by a benefit application and the benefit application is limited to three month backdating. However that's just my opinion - I can't provide any references one way or the other.

scodgey

im waiting for a phonecall from the new claims team 24 to 48 hour turn around apparantly, i think i might as well apply for universal credit as well going off tge advice from you guys it sounds like the better option if it pays my contributions