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ESA The law says we cannot pay Employment and Support Allowance
- charm7
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10 months 2 weeks ago #286355 by charm7
ESA The law says we cannot pay Employment and Support Allowance was created by charm7
Just received a letter from jobcentre plus saying that "we cannot pay you an allowance. This is because:
The law says we cannot pay Employment and support allowance"
With absolutely no expalantion as to why?
I also received a separate letter from the same address PO box Belfast BT1 1DW with a P45 in it headed up HMRC with a leaving date and a new tax code even though I am still employed? ( currently on long term sick) So definitely have the neccessary amount of NI contributions in.
I have not added any detail to this thread but would just like to know if anyone else has received a letter like this with no explanation as to why my application for new style ESA has been refused? and why the P45?
From the application date I have waited for just over 5 weeks for the decision letter telling me the law says that they cannot pay me ESA.
Can the jobcentre / DWP do this or is it usual for them to treat people with utter disrespect?
Any replies much appreciated
The law says we cannot pay Employment and support allowance"
With absolutely no expalantion as to why?
I also received a separate letter from the same address PO box Belfast BT1 1DW with a P45 in it headed up HMRC with a leaving date and a new tax code even though I am still employed? ( currently on long term sick) So definitely have the neccessary amount of NI contributions in.
I have not added any detail to this thread but would just like to know if anyone else has received a letter like this with no explanation as to why my application for new style ESA has been refused? and why the P45?
From the application date I have waited for just over 5 weeks for the decision letter telling me the law says that they cannot pay me ESA.
Can the jobcentre / DWP do this or is it usual for them to treat people with utter disrespect?
Any replies much appreciated
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- Gordon
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10 months 2 weeks ago #286356 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA The law says we cannot pay Employment and Support Allowance
c
The likely cause for your ESA being refused is that you do not have sufficient NI Contribution/Credits.
NS ESA at the moment uses the two Tax Years 2020-21 and 2021-22. You will need to have at least 26 weeks of NI Contributions in either of the two Years AND at least 50 weeks of NI Contributions and/or Credits in both of the Tax Years.
As to the P45, NS ESA payments count towards your annual Tax Allowance, so it is just like you leaving a job.
If you don't have the NI Contributions but may in a newer year then the Tax Years will change on 8th January 2024, so you could make a new claim for ESA in three weeks.
Gordon
The likely cause for your ESA being refused is that you do not have sufficient NI Contribution/Credits.
NS ESA at the moment uses the two Tax Years 2020-21 and 2021-22. You will need to have at least 26 weeks of NI Contributions in either of the two Years AND at least 50 weeks of NI Contributions and/or Credits in both of the Tax Years.
As to the P45, NS ESA payments count towards your annual Tax Allowance, so it is just like you leaving a job.
If you don't have the NI Contributions but may in a newer year then the Tax Years will change on 8th January 2024, so you could make a new claim for ESA in three weeks.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- charm7
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10 months 2 weeks ago #286358 by charm7
Replied by charm7 on topic ESA The law says we cannot pay Employment and Support Allowance
Thanks Gordon
I definitely have the necessary NI contributions in as I have been employed for the past nineteen years with the same employer and also paid full NI contributions while on long term sick for the past 11 months so not that.
What I am flabergasted over is the fact that there is absolutely no explanation.
Perhaps since the autumn statement the Jobcentre refuse most applications by default so that you then have to put in an MR. This is going to be difficult for me though as I dont even know the reason for the refusal?
Is it best to call them or write to them for a written explanation or is there a form I can send by recorded post asking for a reason for refusal. Thanks.
I definitely have the necessary NI contributions in as I have been employed for the past nineteen years with the same employer and also paid full NI contributions while on long term sick for the past 11 months so not that.
What I am flabergasted over is the fact that there is absolutely no explanation.
Perhaps since the autumn statement the Jobcentre refuse most applications by default so that you then have to put in an MR. This is going to be difficult for me though as I dont even know the reason for the refusal?
Is it best to call them or write to them for a written explanation or is there a form I can send by recorded post asking for a reason for refusal. Thanks.
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- Gordon
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10 months 2 weeks ago #286360 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA The law says we cannot pay Employment and Support Allowance
c
Whilst it may seem it, the DWP are not singling you out for different treatment.
I would phone the ESA helpline 0800 169 0310. It's best to call them early in the morning, they open at 8am.
Gordon
Whilst it may seem it, the DWP are not singling you out for different treatment.
I would phone the ESA helpline 0800 169 0310. It's best to call them early in the morning, they open at 8am.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
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