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Any one suggest a way forward?

  • bro58
11 years 10 months ago #107425 by bro58
Replied by bro58 on topic Any one suggest a way forward?

soulboy wrote: Hi
I've not had any particular problems with my post before but I did not receive a questionnaire nor a reminder my doctor says I'm not fit to work , I could do a bit of part time work but my back flares up so I can't do any consistantly my employment adviser says I'm unemployable, I don't met the criteria for JSA

My IB ESA has now stopped how are you supposed to survive ? I applied in April for IB ESA so I can't reapply as far as I can see.

SB


Hi SB,

After looking back at your posts, it seems that your last WCA was a lot more than six months ago, the fact that you have recently been financially assessed for IR ESA, should not have any baring on this, as you were still classed as having LCW in the WRAG.

Therefore, as more than 6 months has elapsed since the time of the most recent decision as a result of an ESA WCA, you should be able to make a fresh claim.

I should state here, that you can also make a fresh claim for ESA before 6 months have elapsed, since the last award decision if your medical condition has deteriorated or you now suffer from different medical conditions. You would need to provide proof of this from your G.P.

You can also appeal the decision, to stop your benefit on a technicality, for none return of The ESA50. As, previously stated, your first step would be to challenge the DWP/ATOS to provide administrative evidence that the ESA50, and the reminder letter were posted to you, with the correct name, address and postcode.

You may wish to gain professional advice on this issue :

Where to get advice?

You could also try putting Welfare Rights/Advice into your internet search engine with your Town/Postcode.

bro58

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  • soulboy
  • Topic Author
11 years 8 months ago - 11 years 8 months ago #111382 by soulboy
Replied by soulboy on topic Any one suggest a way forward?
Having been taking off my ESA as previous post I was advised to try part time work applied for JSA but refused the reason being I have apparently not paid enough nat ins in the yrs 07 to 09 where I previously tried workin but had to return to benefits after my health deteriated again. I have rung nat ins and they say I'm paid up but the jobcenter won't hear of it ? What do you think regards SB
Last edit: 11 years 8 months ago by Gordon.

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11 years 8 months ago #111384 by Gordon
Replied by Gordon on topic Any one suggest a way forward?

soulboy wrote: Having been taking off my ESA as previous post I was advised to try part time work applied for JSA but refused the reason being I have apparently not paid enough nat ins in the yrs 07 to 09 where I previously tried workin but had to return to benefits after my health deteriated again. I have rung nat ins and they say I'm paid up but the jobcenter won't hear of it ? What do you think regards SB


You need to double check with the National Insurance people again as it sounds as if they have answered the wrong question :)

There are two separate "things";

-NI Contributions that are required to claim a Contribution Based benefit such as JSA(CB) and ESA(CB), NI Contributions can only be acquired through paid employment (Class 1) and/or registered Self-Employment (Class 2).

-NI Credits which are paid for your being in receipt of certain benefits such as JSA and ESA. NI Credits count towards a full State Pension but cannot be used to claim a Contribution Based benefit on their own.

It sounds like they have looked at your NI Credits rather than your NI Contributions, so it is worth asking again, but to make a new claim you will need NI Conts in the Tax Years 2010-11 and 2011-12.

You do not need to have NI Conts or Credits in order to claim an Income Related benefit such as JSA(IR) or ESA(IR).

Gordon

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

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  • soulboy
  • Topic Author
11 years 7 months ago - 11 years 7 months ago #113013 by soulboy
Replied by soulboy on topic Any one suggest a way forward?
Thanks for your help up to press ! Can I find out if I'm being investigated as far as I know I haven't done anything wrong but just have this feeling ?

SB
Last edit: 11 years 7 months ago by Gordon.

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11 years 7 months ago #113015 by Gordon
Replied by Gordon on topic Any one suggest a way forward?

soulboy wrote: Thanks for your help up to press ! Can I find out if I'm being investigated as far as I know I haven't done anything wrong but just have this feeling ?

SB


Are you currently claiming any benefits?

The DWP and other agencies are not usually reticent about informing a claimant when there is a problem.

Gordon

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

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  • soulboy
  • Topic Author
11 years 7 months ago - 11 years 7 months ago #113078 by soulboy
Replied by soulboy on topic Any one suggest a way forward?
Hi Gordon
I'm not claiming any benefits took me off DLA and ESA after losing my appeals can't claim JSa because of a small rental income and an NI issue but they have left the JSA claim open want me to go on skills and employ coarse my Dr says I'm not fit to work after 3 back ops ! Sorry but I don't trust the DWP donno what to do.

SB
Last edit: 11 years 7 months ago by Gordon.

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