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ESA problems
- cath3203
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11 years 9 months ago - 11 years 9 months ago #109816 by cath3203
ESA problems was created by cath3203
Hi,
I seem to be having problems with DWP and wondered if any of you had any ideas which way to go next.
First off let me explain my story, I've been long term sick since 2005 when I was put on to incapacity benefit. I'm not sure of the exact dates but I was transferred to ESA and put into the support group around 18 months ago, and have since had one review and again was put into the support group.
After suffering a major relapse earlier this year I decided to go to Spain to recuperate unfortunately I was actually away for 9 days longer than allowed. My benefit was suspended and my case was forwarded to a decision maker. The outcome of which I was first told on the phone was that I'd been disallowed the nine days and my claim was live again and a payment would be made into my account the following day. When the payment didn't arrive I again rang job centre plus to be told that my benefit has been paid until the 26th of June and then terminated and I would have to reclaim from the 5th of July which took into account the nine days not allowed. I've since heard from them today, saying that I am not entitled to ESA as I don't have enough contributions for the years 2009/2010. I also received in the same post another limited capability for work questionnaire ESA 50. I've been on long term sick for 8 years nearly 9. How is it possible I haven't got enough contributions when I thought they were paid for you if you were receiving benefit. Any help in this matter would be greatly received as this is now beginning to affect my health and I don't know which way to turn.
Regards
Catherine
I seem to be having problems with DWP and wondered if any of you had any ideas which way to go next.
First off let me explain my story, I've been long term sick since 2005 when I was put on to incapacity benefit. I'm not sure of the exact dates but I was transferred to ESA and put into the support group around 18 months ago, and have since had one review and again was put into the support group.
After suffering a major relapse earlier this year I decided to go to Spain to recuperate unfortunately I was actually away for 9 days longer than allowed. My benefit was suspended and my case was forwarded to a decision maker. The outcome of which I was first told on the phone was that I'd been disallowed the nine days and my claim was live again and a payment would be made into my account the following day. When the payment didn't arrive I again rang job centre plus to be told that my benefit has been paid until the 26th of June and then terminated and I would have to reclaim from the 5th of July which took into account the nine days not allowed. I've since heard from them today, saying that I am not entitled to ESA as I don't have enough contributions for the years 2009/2010. I also received in the same post another limited capability for work questionnaire ESA 50. I've been on long term sick for 8 years nearly 9. How is it possible I haven't got enough contributions when I thought they were paid for you if you were receiving benefit. Any help in this matter would be greatly received as this is now beginning to affect my health and I don't know which way to turn.
Regards
Catherine
Last edit: 11 years 9 months ago by Gordon.
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- Gordon
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11 years 9 months ago #109820 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA problems
Cath3203
You need to speak to a trained advisor as there are fundamental issues of eligibility involved in your case.
Where to get advice?
The Decision to terminate your ESA should be appealable, but that does not mean that it is simply a case ore re-presenting your case, there are specific rules regarding claiming benefits while abroad and from your post the DWP are saying that you have broken these. This is not an area of benefits that we deal in as it requires specialist knowledge, the key issue is whether the DWP have latitude as to how they handle your claim or whether it is black and white?
IB and ESA pay NI Credits which count towards a full State Pension, but not towards a new claim for Contribution Based ESA, your NI Contribution history was carried forward from your IB claim when you were transferred to ESA. If you have not worked since 2005 you will not have any NI Contributions in the relevant Tax Years, 2010-11 and 2011-12, so this is why you cannot make a new claim for ESA(CB).
Have you checked whether you can make a new claim for Income Related ESA, this will be dependant on your household income, assets and savings and hours that a partner works.
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
If you have any more questions, please reply to this post
Gordon
You need to speak to a trained advisor as there are fundamental issues of eligibility involved in your case.
Where to get advice?
The Decision to terminate your ESA should be appealable, but that does not mean that it is simply a case ore re-presenting your case, there are specific rules regarding claiming benefits while abroad and from your post the DWP are saying that you have broken these. This is not an area of benefits that we deal in as it requires specialist knowledge, the key issue is whether the DWP have latitude as to how they handle your claim or whether it is black and white?
IB and ESA pay NI Credits which count towards a full State Pension, but not towards a new claim for Contribution Based ESA, your NI Contribution history was carried forward from your IB claim when you were transferred to ESA. If you have not worked since 2005 you will not have any NI Contributions in the relevant Tax Years, 2010-11 and 2011-12, so this is why you cannot make a new claim for ESA(CB).
Have you checked whether you can make a new claim for Income Related ESA, this will be dependant on your household income, assets and savings and hours that a partner works.
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
If you have any more questions, please reply to this post
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Billy
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11 years 9 months ago - 11 years 9 months ago #109826 by Billy
Replied by Billy on topic ESA problems
Hi Gordon
I apologise if Iam reading caths post wrong here
Cath said she was put into the support group twice since migrating over from IB
Is she not still entitled to her 365 days
I apologise if Iam reading caths post wrong here
Cath said she was put into the support group twice since migrating over from IB
Is she not still entitled to her 365 days
Last edit: 11 years 9 months ago by Gordon.
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- bro58
11 years 9 months ago - 11 years 9 months ago #109828 by bro58
Replied by bro58 on topic ESA problems
Hi C3203,
As Gordon states, you need expert help.
This looks like a similar scenario, where the ESA recipient was abroad longer than the 28 days allowed :
www.rightsnet.org.uk/forums/viewthread/4955/
[Mod Edit : link corrected]
bro58
As Gordon states, you need expert help.
This looks like a similar scenario, where the ESA recipient was abroad longer than the 28 days allowed :
www.rightsnet.org.uk/forums/viewthread/4955/
[Mod Edit : link corrected]
bro58
Last edit: 11 years 9 months ago by bro58.
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- Gordon
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11 years 9 months ago #109829 by Gordon
Based on what has been posted, no!
The original claim has been terminated due to a technical failure, so her only option is to make a new claim or hopefully appeal the Decision.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA problems
Bud wrote: Hi Gordon
I apologise if Iam reading caths post wrong here
Cath said she was put into the support group twice since migrating over from IB
Is she not still entitled to her 365 days
Based on what has been posted, no!
The original claim has been terminated due to a technical failure, so her only option is to make a new claim or hopefully appeal the Decision.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Billy, cath3203
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- cath3203
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11 years 5 months ago #115357 by cath3203
Replied by cath3203 on topic ESA problems
I'd just like to say Thankyou for your advice and this website, I appealed the first decision and won my case, without sites and people like yourselves to help I'm not sure what I would of done .
Thankyou so much
Cathy
Thankyou so much
Cathy
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