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ESA - Confused by Rejection
- HeyDude
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1 year 2 months ago #283414 by HeyDude
ESA - Confused by Rejection was created by HeyDude
I'm supporting my wife in her application for ESA. She has not been able to work since 2001 due to her poor health - she has been in receipt of the higher elements of PIP/DLA since this time.
We were looking at her state pension recently and the gaps there (we had children allowing her to claim NI credits up to 2017) - we noticed that under a section 'Ill Disabled' it states 'You’re not on Employment and Support Allowance but you satisfy the conditions for it...' and it instructs you to apply for 'new style' ESA - which we did using the excellent guides here.
She had a medical interview by telephone about 10 weeks ago and has now had a letter from the DWP with the title 'A Change in the ESA Rate Payable'... the letter says she cannot have ESA and she paid no NI contributions in 2021 and 2022.
There is zero reference to her medical - have we misunderstood something here does anyone know? MTIA.
We were looking at her state pension recently and the gaps there (we had children allowing her to claim NI credits up to 2017) - we noticed that under a section 'Ill Disabled' it states 'You’re not on Employment and Support Allowance but you satisfy the conditions for it...' and it instructs you to apply for 'new style' ESA - which we did using the excellent guides here.
She had a medical interview by telephone about 10 weeks ago and has now had a letter from the DWP with the title 'A Change in the ESA Rate Payable'... the letter says she cannot have ESA and she paid no NI contributions in 2021 and 2022.
There is zero reference to her medical - have we misunderstood something here does anyone know? MTIA.
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- Gordon
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1 year 2 months ago #283425 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA - Confused by Rejection
H
New Style ESA is a Contribution based benefit, this means that in order to qualify for payment the person must meet two Contribution Conditions, both are based on their working, your wife, from your post, has not for some time and that is why she is not entitled to any payment from any ESA award.
However, providing she meets the criteria for an award, then she will be credited with Class 1 NI Credits which count towards a full State Pension.
Gordon
New Style ESA is a Contribution based benefit, this means that in order to qualify for payment the person must meet two Contribution Conditions, both are based on their working, your wife, from your post, has not for some time and that is why she is not entitled to any payment from any ESA award.
However, providing she meets the criteria for an award, then she will be credited with Class 1 NI Credits which count towards a full State Pension.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- HeyDude
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1 year 2 months ago #283450 by HeyDude
Replied by HeyDude on topic ESA - Confused by Rejection
Thank you for the prompt reply.
How will she know if she will indeed be credited with Class 1 NI Credits?
The letter she has received simply says 'no' to ESA and refers to the Mandatory Reconsideration process.
Does she have to 'do' something to get the Class 1 Credits applied?
How will she know if she will indeed be credited with Class 1 NI Credits?
The letter she has received simply says 'no' to ESA and refers to the Mandatory Reconsideration process.
Does she have to 'do' something to get the Class 1 Credits applied?
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- Chris
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1 year 2 months ago #283460 by Chris
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Chris on topic ESA - Confused by Rejection
Hi HeyDude,
Maybe's another one for Gordon to answer, as he's more experience to moderating than me, but having read your question, you may be able to get an answer from:- 0300 200 3500. It is the N.I helpline (HMRC) for queries.
Regards, Chris.
Maybe's another one for Gordon to answer, as he's more experience to moderating than me, but having read your question, you may be able to get an answer from:- 0300 200 3500. It is the N.I helpline (HMRC) for queries.
Regards, Chris.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gordon
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1 year 2 months ago #283464 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA - Confused by Rejection
H
You need to contact the DWP to find out whether she met the criteria for an award even though one is not in payment, if she did then the Credits are then paid but this is done annually so HMRC will not have a record until next April or May.
Gordon
You need to contact the DWP to find out whether she met the criteria for an award even though one is not in payment, if she did then the Credits are then paid but this is done annually so HMRC will not have a record until next April or May.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- HeyDude
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1 year 2 months ago #283581 by HeyDude
Replied by HeyDude on topic ESA - Confused by Rejection
Thanks for the pointers...
One thing that is still unclear to me is where my wife stands in terms of being able to claim the gaps in her NI record where the DWP state 'You’re not on Employment and Support Allowance but you satisfy the conditions for it...'
Any idea how I help her with this at all?
One thing that is still unclear to me is where my wife stands in terms of being able to claim the gaps in her NI record where the DWP state 'You’re not on Employment and Support Allowance but you satisfy the conditions for it...'
Any idea how I help her with this at all?
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