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Break in entitlement for ESA

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ettsam
ettsam Community member Posts: 2 Listener
edited September 2019 in Employment and Support Allowance (ESA)
 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
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  • poppy123456
    poppy123456 Community member Posts: 54,184 Disability Gamechanger
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    Hi,

    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.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • Joanne_Alumni
    Joanne_Alumni Scope alumni Posts: 188 Pioneering
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    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.
    Joanne 
    Scope
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