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Mixed ESA/UC Migration Nightmare - Invalid NI Contributions & Deductions
- Hazglen
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4 days 2 hours ago #308436 by Hazglen
Mixed ESA/UC Migration Nightmare - Invalid NI Contributions & Deductions was created by Hazglen
Background:
The Problem:
Evidence:
Key Questions:
Regulations Cited:
- [ESA Reg 2(1)(a)](www.legislation.gov.uk/uksi/2013/379/regulation/2): Requires recent *paid* NI contributions.
- [UC Reg 51](www.legislation.gov.uk/uksi/2013/376/regulation/51): Demands lawful deductions.
Given the mayhem this issue could cause in a few years time. I am very surprised at the lack of urgency from advice centres.
- 55 year old Male, Scotland. Narcolepsy + Cataplexy since 1999 (unable to work since 2001).
- Pre-2013: Incapacity Benefit/Income Support.
- 2013: Automatically migrated to ESA. Bank statements show first payment as JSA (07/08/2013), then relabeled ESA.
- ESA Award: DWP insist it was "mixed" (contribution-based + income-related).
- 2025: Migrated to UC. Now receiving:
- New Style ESA (NS-ESA): £609.05/month (deducted from UC)
- UC: £436.82 net (after deductions) + LCWRA (£423.27) + Transitional Protection (£222.46).
The Problem:
- NS-ESA is invalid: Last paid NI contributions were in 2001 (23 years ago). NI Credits ≠ paid contributions (ESA Reg 2(1)(a)).
- DWP refuses to stop deductions: UC staff say they "can’t access ESA systems," while ESA staff redirect to UC.
- Citizens Advice claimed: "NI rules don’t apply to existing claims" – contradicting ESA Reg 2(1)(a).
- Transitional Protection appears miscalculated (based on unlawful "mixed" award).
Evidence:
- HMRC letter: Confirms no paid NI since 2001 (Credits only).
- 2013 bank statement: First payment labeled JSA, not ESA.
- ESA decision letters: Describe award as "based on NI contributions" (impossible post-2001).
Key Questions:
- Has anyone successfully removed NS-ESA deductions by proving ineligibility via NI records?
- How did you force DWP to recalculate Transitional Protection based only on IR-ESA?
- Did escalating to the Parliamentary Ombudsman or tribunal resolve similar deadlocks?
- Any Scottish-specific tactics (e.g., using Adult Disability Payment as leverage)?
Regulations Cited:
- [ESA Reg 2(1)(a)](www.legislation.gov.uk/uksi/2013/379/regulation/2): Requires recent *paid* NI contributions.
- [UC Reg 51](www.legislation.gov.uk/uksi/2013/376/regulation/51): Demands lawful deductions.
Given the mayhem this issue could cause in a few years time. I am very surprised at the lack of urgency from advice centres.
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- latetrain
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17 hours 19 minutes ago #308553 by latetrain
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by latetrain on topic Mixed ESA/UC Migration Nightmare - Invalid NI Contributions & Deductions
Hi Hazglen
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.
Your question is outside the remit of the forum.
I have posted your question as we do have some very knowledgeable members with specialist knowledge who may be able to answer your question.
Gary
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.
Your question is outside the remit of the forum.
I have posted your question as we do have some very knowledgeable members with specialist knowledge who may be able to answer your question.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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