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Claiming ESA process question
- autistic-gremlin
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11 months 2 weeks ago #284304 by autistic-gremlin
Claiming ESA process question was created by autistic-gremlin
Hello,
I applied for ESA last year (Contribution based) and was refused twice. This forum helped me to understand that it is because they use the previous tax year from 5th Jan each year.
I did not have the correct amount (2 years) of NI to claim but they do have the claims on my tax record.
I would like to apply again in January as I am still out of work and unlikely to be returning any time soon.
My questions are please.
1 - Does the fact that I have ESA on my record as being refused (twice) now count against me when I apply?
2 - Do I need a fit note to cover the entire period I have been out of work (since December of last year)
3 - Is there anything else I need to be aware of to claim ESA in these circumstances?
I appreciate your help - thank you.
I applied for ESA last year (Contribution based) and was refused twice. This forum helped me to understand that it is because they use the previous tax year from 5th Jan each year.
I did not have the correct amount (2 years) of NI to claim but they do have the claims on my tax record.
I would like to apply again in January as I am still out of work and unlikely to be returning any time soon.
My questions are please.
1 - Does the fact that I have ESA on my record as being refused (twice) now count against me when I apply?
2 - Do I need a fit note to cover the entire period I have been out of work (since December of last year)
3 - Is there anything else I need to be aware of to claim ESA in these circumstances?
I appreciate your help - thank you.
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- Gary
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11 months 2 weeks ago #284329 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Claiming ESA process question
Hi autistic-gremlin
Applying twice for ESA does not count against you, but you do have to meet the criteria.
There are two Contribution Conditions that you need to meet for a new claim for New Style ESA.
Both are based on the two Tax Years preceding the current Benefit year, for 2023 they are 2020-21 and 2021-22.
The Second Condition requires a minimum of 50 weeks of either NI Contributions and/or NI Credits, your current Credits Only award potentially covers this.
The First however requires a minimum of 26 weeks of NI Contributions in either of the two years, your current claim does not provide these, Contributions can only be acquired through paid employment, there are some exceptions but you don't mention any of these in your post.
www.gov.uk/how-to-claim-new-style-esa
Gary
Applying twice for ESA does not count against you, but you do have to meet the criteria.
There are two Contribution Conditions that you need to meet for a new claim for New Style ESA.
Both are based on the two Tax Years preceding the current Benefit year, for 2023 they are 2020-21 and 2021-22.
The Second Condition requires a minimum of 50 weeks of either NI Contributions and/or NI Credits, your current Credits Only award potentially covers this.
The First however requires a minimum of 26 weeks of NI Contributions in either of the two years, your current claim does not provide these, Contributions can only be acquired through paid employment, there are some exceptions but you don't mention any of these in your post.
www.gov.uk/how-to-claim-new-style-esa
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- autistic-gremlin
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11 months 2 weeks ago #284337 by autistic-gremlin
Replied by autistic-gremlin on topic Claiming ESA process question
Thanks Gary. I have paid employment in both of the relevant tax years for full years so I am sure I meet that criteria.
Is the process to just apply at that point? Do I need a fit note to cover this year?
Many thanks.
Is the process to just apply at that point? Do I need a fit note to cover this year?
Many thanks.
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- Gordon
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11 months 2 weeks ago #284339 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Claiming ESA process question
A
You can only backdate a New Style ESA by three months, so you will need a Fit Note that covers this.
Your first two notes cannot be for more than three months, so you will actually need two; one for the backdating period and one for the ongoing period.
Gordon
You can only backdate a New Style ESA by three months, so you will need a Fit Note that covers this.
Your first two notes cannot be for more than three months, so you will actually need two; one for the backdating period and one for the ongoing period.
Gordon
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- autistic-gremlin
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11 months 2 weeks ago #284347 by autistic-gremlin
Replied by autistic-gremlin on topic Claiming ESA process question
Thank you so much for your help both.
If I understand correctly then I can apply in January (lets say 10th)
I should then backdate that claim to November 10th.
I then need to have a fit note that covers Nov 10th-Jan10th
Also I need a fit note that covers Jan 10th - ongoing
Sorry for all the questions it is really confusing. I was fired from my job for seeking reasonable adjustments for disability concerns - now am having to represent myself at employment tribunal against them while the DWP are looking for fit notes to cover something I have had since birth!!! grrrrrrrrr
(sorry just venting)
If I understand correctly then I can apply in January (lets say 10th)
I should then backdate that claim to November 10th.
I then need to have a fit note that covers Nov 10th-Jan10th
Also I need a fit note that covers Jan 10th - ongoing
Sorry for all the questions it is really confusing. I was fired from my job for seeking reasonable adjustments for disability concerns - now am having to represent myself at employment tribunal against them while the DWP are looking for fit notes to cover something I have had since birth!!! grrrrrrrrr
(sorry just venting)
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- Gary
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11 months 2 weeks ago #284381 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Claiming ESA process question
Hi autistic-gremlin
Yes, follow Gordon's post.
Have you been in contact with ACAS for advice? Some advice agencies have employment specialist who may be able to help you or point you in the right direction.
Gary
Yes, follow Gordon's post.
Have you been in contact with ACAS for advice? Some advice agencies have employment specialist who may be able to help you or point you in the right direction.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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