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ESA CB DECLINED
- Janeyrobs
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10 years 3 months ago #129161 by Janeyrobs
ESA CB DECLINED was created by Janeyrobs
On the 14th January 2015 I received a letter from DWP to say they cannot pay me ESA as I have not paid enough NI contributions in the qualifying years. I dispute this as I have worked continuously for the last 20 + years and earned enough to pay NI. On the 15th January 2015 they send me an ESA50 questionnaire to return by 17th February 2015. I have phoned to ask for clarification on the NI contributions and was told they didn't know. I have then written for it to be re-looked at and for them to provide evidence of my non NI contributions. I do not qualify for IR ESA (just received some inheritance from my recently departed mother) and told them I didn't want to claim IR ESA. As I am on half pay til the end of May, should I withdraw my application and can I submit it later. The HMRC can take weeks to provide my NI records which I have requested. By May they may have sussed out which one of me I am!! Checked all you leaflets but I don't appear to be in any assessment stage.They have still asked for my wage slips, SSP1 FORM and p45 although I told them I am still employed.
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10 years 3 months ago #129167 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA CB DECLINED
Janeyrobs
Welcome to the forum
The ESA process often continues while NIC checks are made and I think it likely that this is what has happened with your claim, technically the claim can continue, but with no payments, for this to happen you would need to complete and return the ESA50 and attend any face to face that may be required, if successful, then you would only receive NI Credits which count towards a full State Pension. Obviously if the NIC problem is resolved in your favour then it should be possible to have payments backdated to when you made the claim.
Alternatively you can close the claim with no fault and re-apply when the NICs issue has been resolved. Any new claim can be backdated by up to three months, you don't say when your SSP ended so an obvious issue is whether the NIC issue can be resolved within the three months.
If you continue the claim, as it is not in payment you would not be required to attend any Work Focussed Interview or to participate in Work Related Activity.
Gordon
Welcome to the forum
The ESA process often continues while NIC checks are made and I think it likely that this is what has happened with your claim, technically the claim can continue, but with no payments, for this to happen you would need to complete and return the ESA50 and attend any face to face that may be required, if successful, then you would only receive NI Credits which count towards a full State Pension. Obviously if the NIC problem is resolved in your favour then it should be possible to have payments backdated to when you made the claim.
Alternatively you can close the claim with no fault and re-apply when the NICs issue has been resolved. Any new claim can be backdated by up to three months, you don't say when your SSP ended so an obvious issue is whether the NIC issue can be resolved within the three months.
If you continue the claim, as it is not in payment you would not be required to attend any Work Focussed Interview or to participate in Work Related Activity.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Janeyrobs
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10 years 3 months ago #129172 by Janeyrobs
Replied by Janeyrobs on topic ESA CB DECLINED
Hi,
My SSP finished 31/12/2014. I am on half pay still to May so I still should pay NI contributions. Maybe I wait until May when pay finishes and then claim. If they take months to sort it then I would have no income and live alone.
My SSP finished 31/12/2014. I am on half pay still to May so I still should pay NI contributions. Maybe I wait until May when pay finishes and then claim. If they take months to sort it then I would have no income and live alone.
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10 years 3 months ago #129186 by Gordon
If you made the ESA claim before 5 January 2015 then the Tax Years used to calculate your NICs will have now changed to 2012-13 and 2013-14, if this is the case then it might be worth looking at a new claim now.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA CB DECLINED
Janeyrobs wrote: Hi,
My SSP finished 31/12/2014. I am on half pay still to May so I still should pay NI contributions. Maybe I wait until May when pay finishes and then claim. If they take months to sort it then I would have no income and live alone.
If you made the ESA claim before 5 January 2015 then the Tax Years used to calculate your NICs will have now changed to 2012-13 and 2013-14, if this is the case then it might be worth looking at a new claim now.
Gordon
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- Janeyrobs
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10 years 3 months ago #129187 by Janeyrobs
Replied by Janeyrobs on topic ESA CB DECLINED
I claimed from 2/1/2015, although I have worked in all of the last 20 years so that shouldn't make any difference. I have all my p60 and wage slips, they state how much I have paid but not what credits you have. Do I have to write or phone to cancel my application and do I have to wait to re-apply?
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10 years 3 months ago #129193 by Gordon
You can cancel the current claim over the phone but I would follow it up in writing, in these circumstances there is no waiting time to make a new claim.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA CB DECLINED
Janeyrobs wrote: I claimed from 2/1/2015, although I have worked in all of the last 20 years so that shouldn't make any difference. I have all my p60 and wage slips, they state how much I have paid but not what credits you have. Do I have to write or phone to cancel my application and do I have to wait to re-apply?
You can cancel the current claim over the phone but I would follow it up in writing, in these circumstances there is no waiting time to make a new claim.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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