Employment and Support Allowance (ESA)
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Newstyle ESA

mollybellmollybell Member Posts: 6 Listener
Hi there, I've only just joined and looking for some advice please.  I've been on Newstyle ESA since last January and it's about to end.  What I want to know is if I can wait a while and then claim Newstyle ESA again if my condition has worsened.  If so how long do you have to wait?  Thank you.

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI and welcome,

    As your ESA is ending then i'm assuming you weren't placed into the Support Group, is this correct? If so then you can only reclaim if you've paid enough NI Contributions in the years April 2017 to March 2019. If you haven't then you won't be able to reclaim.

    If you weren't placed into the Support Group do you think you should have been placed into this group? if so was there any reason why you didn't request the MR then Tribunal on that decision?

    If you haven't paid enough NI contributions in those years then the only other benefit is Universal Credit and claiming this will depend on your circumstances, such as living with partner that works and savings/capital.


    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.
  • Chloe_ScopeChloe_Scope Scope Posts: 10,653 Disability Gamechanger
    Welcome to the community @mollybell! If there is anything you need clarifying then please do let us know. :)
    Scope

  • mollybellmollybell Member Posts: 6 Listener
    Thank you for your reply Poppy and Hi to Chloe.

    I wasn't placed on the support group but my coach at the job centre  said I should have been and advised me to go to Welfare Rights and get someone to help me do an M.R. I did this and was turned down so went on to tribunal.  Once in the tribunal waiting room my Welfare Rights Advisor was called in to see the judge and was told I didn't have enough evidence (even though I had a printed list from my GP of all my conditions) and if I wanted to go ahead with the hearing there was a chance I would lose my existing award.  W.R. Advisor advised me not to go ahead.  I have paid my NI contributions right up to January 2019 when I went on to ESA.  I'm assuming DWP will have paid my contributions from then until now.
    Thank You

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Part of the conditions of claiming New Style ESA is that you will have needed to work and paid your NI Contributions. Claiming New style ESA in the past year will not help your new claim. Conditions are listed here. https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/before-you-apply-for-esa/eligiblility-for-esa/

    For future reference a printed list of all your conditions will not really help you to be placed into the Support Group because that doesn't tell them anything about how your conditions affect your ability to do any type of work.

    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.
  • mollybellmollybell Member Posts: 6 Listener
    Hi Poppy,

    Thanks for the link.  I'm a bit confused!  It says "you'll need to have paid enough N.I. in one of the last two tax years and been credited with enough National Insurance Contributions in the other tax year!  I have paid all my NI cont. up till Jan 19 when I was still working and then went on to Newstyle ESA which also credited me with NI Cont.  Although my ESA is stopping now they are still going to continue crediting me with NI cont.  Thanks
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It seems like you may qualify for another year based on the NI Contributions that you paid when you worked BUT there has to be a 12 week gap from when your payments end. You can keep your claim open while you wait for those 12 weeks and your NI credits will be paid in the meantime.

    If others are reading this a claim for New style ESA is not based on your NI credits received from claiming a benefit. You would need to have worked as well in the previous 2 tax years and paid your NI Contributions.




    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.
  • mollybellmollybell Member Posts: 6 Listener
    Ok, that's great, many thanks for your help.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You're welcome.
    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.
  • mollybellmollybell Member Posts: 6 Listener
    Hi there, I was looking for some advice please.  Referring to my last correspondence with you I have just applied again for New Style ESA and have been told that I'm not entitled to this.  It's been 4 months since my last claim (payment) stopped.  DWP did continue to pay my national insurance credits but they're saying as I was in the "Work Related Activity Group" then I can't claim again after the 3 month period.  My N.I.contributions are all up to date and I stopped working January 19. Any advice would be appreciated.  Thanks You
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