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Help..ESA

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11 years 3 months ago #116862 by fastmoggy
Replied by fastmoggy on topic Help..ESA
Got timed out last night posting! :ohmy:
Just to say thanks for your reply and to say she has a PIP interview this week so we may have another uphill struggle ahead! Hope not as we have so much positive evidence from doctors and consultants.
Will let you all know how that goes when they decide :unsure:
Thanks

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11 years 3 months ago #116865 by Gordon
Replied by Gordon on topic Help..ESA
fastmoggy

I am afraid that you only receive NI Credits whilst in receipt of benefits, NI Contributions can only be accrued through paid employment or registered Self-Employment.

Good luck with the PIP assessment.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: fastmoggy

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11 years 3 months ago #116915 by fastmoggy
Replied by fastmoggy on topic Help..ESA
Well she still has a contribution only ESA claim with no benefit payments. This is very confusing as 'they' say these contributions count towards any future ESA claim but she would have to close the existing claim and wait the 3 months and a day before she can try again. Obviously that couldn't happen until the end of this current tax year so as to get the full years contributions to count towards the new claim?
Inland revenue not that helpful as the initial phone call is basically a recorded message with options which is slightly complicated to get to actually talk to a human!
We do have a 'statement' regarding her current status but they don't mention what class of contributions is being paid although the DWP seem to know what they are!
Im wondering if this is one of the many hoops a claimant has to jump through to get what they are entitled too and not just a barrier to discourage a claimant to challenge a decision and therefore maintain the governments hype on the drop in benefit claimants and unemployment figures as she cannot claim job seekers allowance because she is found not fit to work so therefore not entitled to claim.

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11 years 3 months ago #116917 by slugsta
Replied by slugsta on topic Help..ESA
NI credits, given when on ESa/JSA etc, count only towards the State Retirement Pension, they do not - on their own - entitle the claimant to other contributary benefits in the future.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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11 years 3 months ago #116928 by Gordon
Replied by Gordon on topic Help..ESA
fastmoggy

Please see my previous post as to what Tax Years are used for a new claim of ESA(CB).

Re-qualifying for ESA(CB) is complicated.

To qualify she needs to meet the following requirements;

- Sufficient NI Contributions in the qualifying Tax Years, or
- Sufficient NI Contributions and NI Credits in the qualifying Tax Years

and

- The NI Contributions used for a new claim must be newer than those used for any previous claim

If your wife has being receiving ESA for some time then she will probably meet the NI Credits requirement, but if she has been on ESA for more than a year then she may struggle to meet the NI Contribution requirement.

You need a statement of her NI Contributions for each Tax Year and one for the NI Credits she has received while receiving ESA. The latter can be calculated as she will receive one Credit for each full week she has been on ESA.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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