Employment and Support Allowance (ESA)
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Hi  i have been off work since feb 2020 due to an accident at work.  My company sent me the ssp1 form saying they were stopping my ssp from the 12/09/20, but have continued to pay me until March 21, because of this I put my application in for ESA in December 2020.  
I got the letter saying that I had a claim opened, I sent the relevant sick notes, etc, had an over the phone assessment, which ended up with me being put into the Support Group.
The problem is due to my company sending me the incorrect SSP1 form with the wrong date, apparently I had not enough NI contributions for the 2 years that were needed, so even though I'm in the support Group I will not receive any payments.
Basically if my company had done the correct thing and sent me the ssp1 form at then end of March, like they should have, I would not have applied until the new tax year 2021.
I have tried desperately to find out if I can reapply under the new tax years.  I cannot do a Mandatory Reconsideration as it is to far down the line, due to my company's mess up.
Does anyone know if I can reapply now I'm in the new tax year, which I have enough credits for, or should I try and put a MR in and hope for the best.  I have information such as both the SSP1 forms, details of the phone calls, etc.  I was also told by the DWP, that if I paid the NICO a certain amount, which I did and could not afford, it would bring my NI contributions upto date.  It didn't as all this was for was my Pension.
I'm so angry as I've been mucked about by my work, been given the wrong advice by the DWP and am now stuck between a rock and a hard place.  PLEASE PLEASE PLEASE if anyone has any advice on what I can do, I would be most grateful.  Kind Regards 

Replies

  • calcotticalcotti Member Posts: 1,637 Pioneering
    edited April 17
    if you stopped work in February the end date of 12/09 for the SSP sounds correct. SSP entitlement is 28 weeks. The fact that your employer has chosen to pay you for longer does not change the date on which entitlement to SSP ended.

    If you apply again now they can look again at your NI record. I suggest ringing them to ask if you need to apply again or whether they can simply check your record again.

    if you meet the NI conditions for the tax years 2018-19 and 2019-20 you will qualify. Note that if you need to apply again you can ask for three months backdating.

    If you don’t meet the conditions for 2017-18 and 2018-19 there is no point doing an MR because the decision not to pay you based on a claim made on 2020 was correct.

    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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