Esa tribunals

Allbymyself33

Hi all I'm new to this but was wondering if anyone can help back in 2016 I failed my esa assessment and then appealed through a tribunal and was awarded 18 points the 2 weeks later I received a letter from dwp saying that they have locked at my claim again and that I'm not entitled to esa. And have had no payment from them since January 2016 and not heard nothing from them up until 15.03.21 via text saying to call them immediately regarding my esa claim so I gave them a call and theyr were unsure as to why I had to call so after talking to them they told me that they have been paying my ni credits does this make sence to anyone thanks in advance. 

calcotti

When did you first claim ESA? What type of ESA was it?
When was the tribunal and notification that you were not entitled to ESA? Do you still have that ESA letter? Does it say why you are not entitled?

The tribunal decision means that you were found to have Limited Capability for Work. You can be awarded NI Credits on this basis and that is what has been happening.

Alice_Holt

Possibly.
   If it was income based ESA, and your income or capital were above the ESA income / capital levels.
You then would have been an underlying entitlement to ESA and had (in effect) a NI credits only ESA claim.   
(This builds up your NI credits for your state pension). 

"2 weeks later I received a letter from dwp saying that they have locked at my claim again and that I'm not entitled to esa."
On what grounds did the letter say you didn't have an entitlement?
That you didn't meet the means test for income based ESA, and neither did you meet the criteria for payment of contribution based ESA.
Was that reason correct, or did you question the DWP about why you couldn't be paid ESA?  

Allbymyself33

Thanks for the help. I live in Scotland I was previously on incopacity benifit befor I was reassessed for the new esa as I said I was awarded 18 points from my tribunal with them saying I should not be reassessed for another 2 years and to be pleased on the work focusedcesaso I thought that would mean I was entitled to the benifit. 

calcotti

If you were in the WRAG on contribution based ESA with no entitlement to income based ESA due to other income or savings then the ESA would end after 365 days. Presumably you were being paid pending appeal in which case you may have used up the allowed time while waiting.

Allbymyself33

I was paid my last incopacity payment in Jan 2016  after failing my assessment and have never received any ather payment from them then took it to a tribunal and was awarded 18 point after receiving 0 from atos with the recomendation from the tribunal that I be reassessed after 2 years and to be pleased on the work related esa but was never awarded anything from the dwp ever since apart from my dla.... So sry if this does not make sense as I'm not graet with this kind of thing. 

calcotti

When was the transfer from IB to ESA?
when was the assessment that you were appealing?
Do you have other household income or savings?

Allbymyself33

My assessment was October 2015 for the transfer from Ib to esa and I had no other income 

calcotti

You haven’t answered the question about when the ESA started. Do you still have the initial IB to ESA transfer paperwork?

Sorry for the questions but it’s really hard to piece things together on the limited information you have provided.

To be honest I think it is unlikely you can clarify this through a forum. You really need an adviser to look at all your paperwork (assuming you still have it) to workout what has gone on and then advise you on whether there is anything you should be asking the AdWP to do.

If all this happened in 2015/2016 I don’t understand why you are only asking about it now.
If your ESA stopped in 2016 and you have no other income what have you been living off?

Alice_Holt

Allbymyself33 said:

My assessment was October 2015 for the transfer from Ib to esa and I had no other income 

    "2 weeks later I received a letter from dwp saying that they have locked at my claim again and that I'm not entitled to esa."
Why did the letter say you didn't have an entitlement?
Did you not challenge it in 2016, if you thought it was wrong?

Allbymyself33

All the letter said was... we have looked at your claim again and you are not entitled to esa. I never challenged it because I didn't think I could as I had already been awarded 18 points at my tribunal and if after that I was still refused I didn't se the point and could not deal with the stress anymore.