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TOPIC: Your not entirled to ANYTHING !!!

Your not entirled to ANYTHING !!! 4 weeks 7 hours ago #199759

I was in the support group but after a medical was found fit for work, I challenged it but to my amazement one of the Doctors said "The way you walked in here, was very over the Top" That set the tone for the full appeal. I couldn't understand as all the medical advice showed I had difficulty walking more than 50 meters ? Anyhow I got threw off...

My Question is, my condition has got worse, so being over 6 months on I decided to apply again for ESA. They told me I have no NI stamps so I don't qualify for any Payment. I have DLA higher rate, and as that payment "household income" was more than ESA is, I'm not entitled to any payment off that either.

Where, or What do I do now ? Is it truly the case you can now be in a position of not entitled to Any Payment at all ?

I also filled the medical form they sent out with my application for ESA so asked if I could go for the medical ? The young Lady said "Why, your not entitled to any money either way you look at it" I said, I would like to try and get back into the Support Group again. She asked Why ? I told her that being in the Support Group does not reply on having NI Contributions or Household Income. To my amazement she said "I've never heard of that before and there is nothing about that on any of the information we have, I think your just looking at delaying the obvious, that being your not entitled to any Payment for DWP"
I asked her to look at my past and it will show I was in the Support Group prior and did not affect my NI Stamps or any Household income, I didn't even had to submit Sick notes "
"Mr Robinson, I'm sorry you disagree but the Decision has been made and from what I can see, there's nothing more we can help you with" HELP ME WITH I said, you haven't helped or answered anything I have asked ? She then said Someone would call me back, a manager who deals with this and put the phone down.
A short while passed and the manager called. All she was interested in was saying I was not entitled to anything as I had no NI Stamps. I said your information on the website and in leaflet form all say while on ESA, JSA or anything else you will be credited with a NI Stamp ? Having worked all my life then having a accident at work and being on ESA Support Group your saying I have no NI stamps to use ? She said The Stamp we pay only is for your pension, nothing else !
I asked if I could have my medical but was told what would be the point, your not entitled to any Payments !!!

Sorry for the long post !

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Your not entirled to ANYTHING !!! 4 weeks 3 hours ago #199776

Gill

OK confusion all around :)

I'm afraid as you were found Fit for Work, any new claim for ESA that you make will be a completely new claim and you will need to meet the qualifying criteria from scratch, you previous award for the Support Group will not be considered.

To meet the Contribution Conditions you will need to have worked for at least 26 weeks during the Tax Years 2014-15 or 2015-16. If you have not done this then you will not meet the criteria for an ESA(CB) claim.

Your post implies that your only income is DLA, so I am not sure why you do not meet the conditions for an ESA(IR) claim, do you have additional income or is a partner working?

The DWP are incorrect in refusing your claim, even if you are not entitled to payment, you should be able to continue with it to assessment and if you meet the WRAG or SG criteria then you will receive NI Credits that count towards a full State Pension.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Your not entirled to ANYTHING !!! 4 weeks 3 hours ago #199785

Many thanks Gordon for your reply.
As well as DLA I have an extra income Industrial Injuries Disablement Benefit.
I have over 35 years of Pension Credits in already ?

I give the information regarding being in the Support Group for background information. Although I was very surprised at being Kicked off the Support Group to being found fit for work in one go.

I was in the Support Group for over 3 years so its impossible for me to have worked and acquired any NI Stamps ? Despite the DWP claiming they pay your stamp for you.
I though if I were given Support Group status again then like before NI Stamps, or income based would not need to come into it, like when I was in before this.

I'm lucky in the sense I have a little to fall back on but I know for certain, I'll not work again despite me wanting too.

Thanks you help is appreciated

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Your not entirled to ANYTHING !!! 4 weeks 2 hours ago #199787

Gill

Benefits such as ESA include NI Credits, to claim ESA(CB) you need to have acquired NI Contributions which you can only receive from employment or registered self-employment.

As I explained, as you were found Fit for Work you had to make a completely new claim and so the two claims do not link.

Gordon

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Your not entirled to ANYTHING !!! 4 weeks 2 hours ago #199797

I can't understand this at all ?
We cannot pay you ESA because you have not paid/been credited with National Insurance Contributions for the Tax year April 2015 to April 2016
THEN in the same letter just under this....
We may still credit you with National Insurance Contributions while claiming ESA ?

I was on ESA Support Group for nearly 4 years and as their own words say "they will credit me with NIC while on ESA, So how have I no NI Stamps for those years ?

Thanks for your help

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Your not entirled to ANYTHING !!! 4 weeks 2 hours ago #199798

I'm afraid DWP have confused the issue by using the word 'contributions'. They do not actually pay contributions on your behalf but credit you as if payments have been made. However, these count only for your State Retirement Pension. They are not enough for Income Related benefits unless you have also worked and made NI payments in the relevant years.

As long as your ESA claim was uninterrupted, it depended on your previous contributions from working (or being on IB, whichever is relevant to you). However, once your claim was interrupted, contributions in the more recent years are now needed. As I said, the NI credits that DWP make on your behalf do not satisfy that criterion.

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: by Mrs Hurtyback.
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Moderators: bro58GordonMrs Hurtyback