Can I requalify for contributions based ESA? — Scope | Disability forum
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Can I requalify for contributions based ESA?

cldcp00
cldcp00 Member Posts: 17 Connected
Hi 
I have been on CB ESA (Support Group) since Nov 2015 and have recently been moved to WRAG which I understand ends after 365 days which will be June 2019. I am amazed that i have been moved to WRAG as my condition has not improved since 2015. I have had a MR and got my MP involved but the DWP will not change its decision. Falling an appeal I will not have ESA after the 365 days.

I have been told that if my condition is the same or got worse I can make a new claim 12 weeks after my ESA has ended, but this dependant on my NI contributions over my last 2 years which I do not understand.

I have logged on and checked my NI record. I have a total of 43 years of full contributions.
and detail of my last 5 years below.

Could someone tell me whether my NI contributions will allow me to put a new claim 12 weeks after it has ended in June 2019.

Thank You in advance for any help

2018-19

Your record for this year is not available yet

2017-18

Full year

You have contributions from

National Insurance credits: 52 weeks

These may have been added to your record if you were ill/disabled, unemployed, caring for someone full-time or on jury service.

2016-17

Full year

You have contributions from

National Insurance credits: 52 weeks

These may have been added to your record if you were ill/disabled, unemployed, caring for someone full-time or on jury service.

2015-16

Full year

You have contributions from

Paid employment: £783.96          National Insurance credits: 30 weeks

2014-15

Full year

You have contributions from

Paid employment: £2,399.27

2013-14

Full year

You have contributions from

Paid employment: £2,253.18


Comments

  • Liam_Alumni
    Liam_Alumni Scope alumni Posts: 1,101 Pioneering
    Hi @cldcp00,

    Welcome to Scope's online community! It's great to have you on board.

    I'm sorry to hear about the issues you've been having with Employment Support Allowance. I've moved this post into our dedicated ESA category, where other members of our community will be able to offer their advice and support.

    I've also copied in our benefits advisors, @BenefitsTrainingCo, who may be able to advise further.
    Liam
  • BenefitsTrainingCo
    BenefitsTrainingCo Member Posts: 2,622 Pioneering
    cldcp00,

    First of all I do strongly recommend that you appeal, as this gives you a high chance of success and would solve the problem. Be clear about why you should be in the support group by looking at the descriptors and stating which one (or more than one) applies to you, and why.

    As regards a further claim for contributory ESA, you'd be claiming in 2019 (in around Sept or October, 12 weeks after your earlier award finished). That means you'd be looking to use the tax years 2016/17 and 2017/18, but in both those years your national insurance was based on credits only. Unfortunately, you cannot use credits only to qualify for contributory ESA. You have to have at least one year in which you worked and paid Class 1 national insurance for at least some of the time - but in your case, you haven't worked since 2015, so that wouldn't be possible.

    You don't have a choice about which tax years to use, I'm afraid. In your situation, I would concentrate on the appeal. There are some limited situations in which you can choose the tax years you use, but these are unlikely to apply (briefly, they help people who are also carers for other disabled people, have had quashed convictions, have been working getting working tax credit as a disabled person, or got credits for armed services families).

    Remember, there is a high chance of success at an appeal tribunal, and if you win, you'll get backdated money (arrears of the difference between what you get now and ESA with the support component) as well as an ongoing award. 

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • cldcp00
    cldcp00 Member Posts: 17 Connected
    Will thank you for your reply.

    I am a bit reluctant to appeal because i have been told that if I do not win the appeal they could order that my WRAG status be remove and I would lose what I got and really could not afford that right now.

    Is this possible?

  • BenefitsTrainingCo
    BenefitsTrainingCo Member Posts: 2,622 Pioneering
    edited August 2018
    cldcp00,
    It's possible only because the tribunal always look at the whole decision, but it's unlikely & I'm sorry to say that I think the DWP are just trying to scare you here.

     I don't think the tribunal would do this, & if they were considering it they should warn you at the hearing, & you could ask for an adjournment. In my view though, this is scaremongering by the DWP. If you & the DWP are both clear about how you reached 15 points in the limited capability for work descriptors, then how would the tribunal be able to argue that these didn't apply? They'd have to come to a different conclusion, & there doesn't seem to be any evidence that would lead them to do so.

    You say your condition hasn't improved, so it seems very unlikely that a tribunal would be in any position to argue that you do not meet the legal test of limited capability for work. But to put your mind at rest, you should say to the tribunal that:

    i) you only want the issue of whether you have LCWRA to be looked at (ie that you should be in the support group)

    ii) you are confident that the WRAG decision is correct because....(explain what points you got & why you think they are right).

    It may be a good idea to get advice about which LCWRA descriptor(s) you're going for. If it's one of the 15 point descriptors in the LCW test then you need to make sure you're being consistent in the points in both tests (for example, if you said you only scored 6 points for an activity in LCW, but should get the support group descriptor (ie equivalent of the 15 points) for it in the LCWRA test, that wouldn't make any sense). 

    You can see how the two lists of descriptors overlap by looking at the LCW test here (you have to click on each activity to see the points), along with the LCWRA list in my previous post.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • cldcp00
    cldcp00 Member Posts: 17 Connected
    Hi Will,
    Thanks for all your help.

    I contacted my local CAB but they seemed to be swamped with cases and had no one available to help me, so I completed the form to the best of my ability.

    I enclosed a copy of my consultant report which was already submitted to the DWP with assessment form which stated that in her opinion I was not yet fit for work. I have been told it's too late to get my GP to write a supporting letter as the tribunal will not consider it. Is this ture?

    Desmond
  • poppy123456
    poppy123456 Member Posts: 31,407 Disability Gamechanger
    You can send evidence to the Tribunal anytime, as long as it arrives no later than 10 days before the hearing. Waiting times for Tribunal can be a long as 1 year depending on the backlog in your area.
  • cldcp00
    cldcp00 Member Posts: 17 Connected
    Thanks Chatterbox,
    But I understand that if the new reportdoes not cover the period of when the original assessment was done the Tribunal will not take it into account.
  • poppy123456
    poppy123456 Member Posts: 31,407 Disability Gamechanger
    Not sure who chatterbox is....

    That's not true, they can't take into consideration a worsening of condition since the decision was made, but any new reports/evidence will be fine.
  • cldcp00
    cldcp00 Member Posts: 17 Connected
    Sorry I think it is a a forum status.
    thanks for your advise
    Regards
    Desmond

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