Employment and Support Allowance (ESA)
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Contribution ESA stress

Hi All
Seeking advice with ESA  as finding it so hard to get resolved with problem I am experiencing.
Back in Nov 2016 I was made ill health retired after 31yrs with NHS. I put a claim in for ESA contribution and was awarded, in Nov 16, In July 17 I went for assessment I got zero points, so mandatory appeal, still ) points so appeal, My ESA money was resumed again, but after 365 in Nov 17 was finished. My  court Appeal was June 18, I lost appeal, had no more fight left as i had a accident from fall 4 days before court, and was in a plaster cast broken hand, cut to my face and severe sprain to my ankle. No sympathy, as looking at a year ago I was reduced to emotional wreck so judge stopped, but still lost. Iv made new claim  in June 18 due to my accident as from fracture I have been diagnosed CRPS and have limited use now of my hand, as well as lots of other ailments. I was awarded it after my assessment in Sept 18. To then only receive 1 day payment only. I have been told on my screen a note is left saying "shortfall of NI cont so no more payment can be awarded. But the ESA phone adviser, 3 in total Iv spoken to, have all said they have attached my new claim to old until just after my Court appeal, which should not have happened, it should have been closed Nov 17, if that is the case, was I submitting sick notes. My answer Yes, never stopped, well in that case you should have been credited with just your NI no money, from when my ESA ceased in Nov 17, so Nov17-June18, and I would then have sufficient to pay my new claim. 
Why is claiming benefits so complicated, I feel quite let down, no knowledge as worked all my life, now to be knocked back is just so stressful and irritating!!!!

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    NI credits from claiming ESA alone do not count for claiming Contributions based ESA. You need to be working and paying NI in the 2 tax years before your claim. So as your claim started in June 2018 then the years that count for you will be 2015/16 and 2016/17.

    These are the 2 conditions that you must meet to be eligible for CB benefits. As you were previously claiming ESA then it's possible that you may not qualify now.

    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • totspringtotspring Member Posts: 8 Listener
    Hi
    Thanks for taking time to reply. I have been awarded it on my new claim, as it was more than 12 weeks since my old claim ceased, as I have deteriorated and have new problem now. I did work full time until Nov 16 then was on contribution ESA till Nov17, so my NI must have been paid by ESA so does this not count towards my claim??? 
    I have gone into my NI re: gov and stipulates I have full year 2016 and only 32 weeks Nov17. ESA phone advisor tells me shortfall should be them owing as my sick notes were always submitted, to fight for them, as will effect my state pension also. 
    So damn complicated. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You say you were awarded it but were you receiving assessment rate of £73.10 per week or were they just paying your NI credits for this new claim?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • totspringtotspring Member Posts: 8 Listener
    Old claim yes was getting £73.10. New claim only received 1 day in money, yet been advised they are going to pay my NI. Was told that because they never closed my old claim Nov17 they linked new claim to it, that I should have been paid NI until June 18 also!!! 
    Hence then I would not have this problem as I would have sufficient NI contributions. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    The problem here is you were previously claiming Contributions based ESA which ran out after 365 days. When was the last time you worked and paid your NI contributions?

    Here's the conditions you need to meet to claim CB benefits.
    • First contribution condition - in one of the last two complete tax years, you must have paid Class 1 or 2 contributions on relevant earnings at the lower earnings limit for at least 26 weeks. This means you must have worked for at least 26 weeks of the last two complete tax years; and
    • Second contribution condition - in both of the last two complete tax years, you must have paid or been credited with, Class 1 or 2 contributions to the value of 50 times the lower earnings limit.


    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • totspringtotspring Member Posts: 8 Listener
    I was ill health retired after complications after shoulder op on Nov 14th 2016 after 6 months sick but on full pay.  I have full years NI up untill 2017 where it says I have paid 32 weeks for 2017!!! Says if want full year to pay £242.86. Yet ESA phone advisor tells me because I have always submitted sick note they should have been paying my NI, and if had I would not have this short fall!!! 
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