Esa contribution based .......????? Confused .

[Markb73]

Hi all,

Have had esa previously and stopped after the 12 months, was told contributions would still be paid and couldn't apply again for 12 months .....

 

Have reapplied as its been over a year am still not able to work and haven't been since it all started just to be told that they have paid my NI contributions and its not enough for me to claim contributions based ESA again........

 

I am at a total loss now as it would seem that even though your NI still gets credited even when you not getting the ESA it doesn't support any further claims for ESA on contribution based ......

 

Does anyone know if I am being fobbed off here or is this the case, as would seem someone wrongly placed in wrag and having benefits stopped after the 12 months wouldn't be able to claim again unless it was income based for the rest of their lives, if they were unlikely to gain in health , surely that is wrong .....?

 

Anyway any help or direction on this would be appreciated , many thanks in advance...

[Nystagmite]

There are different types of NI. The one you get whilst on ESA goes towards your pension.

[Markb73]

Thanks for promt reply .

So it is true then , if i am ill for rest of my life which i hope im not , i cannot claim contribution based ESA again. ........

Cannot get income related as my partner works more than 24 hours .......bloomin marvelous .....

Bet my dla will get stopped next ....

[antone]

Your DLA is not time-limited or affected by household income. It also has nothing to do with NI contributions.

 

If you apply for ESA and are placed in the WRAG it is possible to appeal this decision to tribunal and ask to be placed in the Support Group. The 365 day limit doesn't apply in that case.

[Markb73]

Yeah i understand the dla being different was just saying just my bloomin luck it will stop ... ......

 

ESA on the otherhand with regards to wrong group ......had MP involved on it ect ect nothing came of it but a measly appology from Atos and a 250 quid offer of payment .....but they wouldnt accept blame and money was offered as other. .......disgrace

 

Couldnt get appeal going as was too late once realised even though Mp tried .....

 

Just hope i dont stay ill waiting for third operation and defo csnnot work still recovering from first two on my spine ...

[Nystagmite]

There is a time limit of 13 months if you have good reason for a late appeal.

[suziebear67]

Can you not reapply as your condition maybe worse and see if you get straight into the support group

[antone]

Can you not reapply as your condition maybe worse and see if you get straight into the support group

 

Yes, that could be possible - and an appeal can be made if it doesn't happen. Any appeal should be done at the earliest opportunity - I'd just suggest that the OP submits an appeal first, as a matter of priority, and then involves their MP if required. By all means complain about this unfair system, but appeal right away.

 

This link (scroll to page 25) gives the relevant descriptors that must be satisfied. Only one is needed.

[**Margaret**]

:Markb73:

 

Guess that, like lots of other claimants, you didn't realise the significance of time limiting employment n support with the work related activity component until it was too late to appeal.

 

Did your award run out on 30 April 12? And you've been getting credits on the grounds of limited capability for work since then? Spinal surgery, ouch!! Have a look at the link in the previous post. If you think there's a chance of meeting one of the descriptors write to Jobcentreplus. With medical evidence if you've got/can get it. Explain that your condition's deteriorated and ask them to reassess your capability for work related activity (the support group). Probably involve a trip to Atos. If the decision's that you do have limited capability for work related activity a new claim can be paid without satisfying the usual contribution conditions.

 

For a new award with the work related activity component claimants need to have enough paid contributions during the relevant tax years before the new claim.

 

Margaret.

 

Time limiting doesn't affect income related awards.

Edited August 3, 2013 by **Margaret**