ESA Claim still live - ESA50 form received

LocalPeopleToo

To try and answer all of your questions.

1, Maximus seem to lack any imagination in handling claimants who cannot attend at their offices or cannot attend at all. Whilst there may be options for forcing a Paper Based Report the most likely result is that they will return his file to the DWP. They should then contact your husband about his reasons for not attending, if they accept them then it will go back to Maximus (they may issue an instruction to do a PBR). Unfortunately a ESA claim cannot be progressed without an assessment.

2. There is a possibility if he is found Fit for Work that it can impact on his DLA but it would be very very unusual and will depend to a very large extent on the reasons that he is receiving DLA in the first place, worst case would be that he is invited to claim PIP early.

3. You cannot prior to a Decision being made, but there is no reason to assume that they haven't, their refusal to do a PBR is unlikely to be because they do not have all of the information.

and your latest post.

If he closes his claim then it will have no impact on his DLA, doing so does not imply that he is capable for work and even if it did this would not affect his DLA.

Gordon

LocalPeopleToo wrote: Thank you for your detailed response, Gordon. When you say (in 1) that an ESA claim cannot be progressed without an assessment - just to clarify, you don't mean without a face to face assessment?

My partner's claim is now being looked again to see whether it can progress without the need for a face to face assessment.

One thing we can't get to the bottom of is NI contributions/credits in relation to benefits claims.

My partner has sufficient years of NI contributions to secure his full state pension. However, if he closes his ESA claim and they cease to pay his NI credits, is there a risk to him, in not having continuity of NI credit payment, in the event that he in future needs to claim ESA or other benefits again? Do other benefits rely on credits/contributions having been paid immediately/in the years preceding a claim?

Many thanks for your help.

No. the assessment does not have to be a face to face.

If your husband wants to make a new claim for Contribution Based ESA at some time in the future, then he will only be able to do so if he has worked during the interim. Although he has earned NI Credits while on ESA these only count in part towards a new ESA(CB) claim, he will need NI Contributions in the Tax years preceding the claim, which can only be earned through employment or registered self-employment.

Gordon

LocalPeopleToo wrote: Thank you for your clear and helpful response, Gordon. My apologies for continuing to come back with questions.

My partner had been on income based ESA for exactly that reason, I think. If he was ineligible for contribution based in the future due to not having NI contributions in the tax years preceding a claim, would he be again considered for income-based?

And would there be any similar (NI) implication if he became able to work but for any reason had to claim Job Seeker's Allowance (although I guess everything would be Universal Credit by such a time...?)?

Very many thanks again.

Income Based ESA is not affected by their NI history, but rather you household income, savings and assets and any hours that you work.

The rules for JSA and UC are substantially the same.

Gordon