Employment and Support Allowance (ESA)
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Break in entitlement for ESA

ettsamettsam Member Posts: 2 Listener
 Would you be able to tell me if a nil rate of ESA because of pension being more that what is allowed is considered a break in entitlement
Thank you


  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger

    If your ESA claim remained open for NI credits towards your state pension then this isn't classed as a break in your claim. If you're unsure whether it remained open then you'll need to contact DWP and ask.
    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.
  • Joanne_ScopeJoanne_Scope Scope helpline, Scope adviser Posts: 190 Pioneering
    Hi @ettsam

    It is possible that your claim would remain open if you were getting NI credits and it is worth checking. You have to go through the same application and assessment process to get a credits only claim and that would imply that you have an on going entitlement.

    You can get a credit for every complete week that you have limited capability for work and meet the basic qualifying criteria other than the specific income related conditions for receipt of the benefit.

    Usually this is awarded automatically but sometimes you have to apply. if you need to apply you normally write to: National Insurance Contributions and Employer Office, HMRC, BX9 1AN.
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