Dates used to award contribution based ESA

Having read the information from the B&W site regarding to ESA , I am more clear now on my issue but still a little confused as the way they reach their decision. I have copy and pasted below the snippet of information from the guide and afterward added my comments and would appreciate it if anyone could confirm that the decision made by the DWP is correct in all these type of cases.


Understanding Employment and Support Allowance.
Page 12
Contribution based ESA

You must have paid enough national insurance contributions to qualify for
contribution-based ESA . In general, you need to have actually paid 25 x class 1 or 2
contributions in one of the last 3 tax years; and have paid or been credited with 50 x
contributions in both the last 2 tax years.


I was signed off as unfit for work in June 2007 until August 2010. My symptoms returned and I was again signed off work in September 2011. I was then told by the DWP that I would not be paid ESA because I hadn’t paid or been credited with enough NI Contributions. They used the tax years ending 5 April 2009 and 5 April 2010.
What confuses me is that I was in receipt of Incapacity Benefit during the period they have used to calculate whether I am entitled to any Contribution based ESA , and deemed that I do not qualify for any ESA payment but if I would have remained unfit for work, I would still be in full receipt of a paid benefit. I don’t think it is worth all the hassle of being in their ‘machinery’ having to attend WCA’s etc. just to receive a NI credit.
I could not make any paid contributions during the time used to assess my eligibility simply because I was unfit for work and in receipt of credited contributions, so are there any exceptions to this rule?
Have I or the DWP made some error in the light of the above? Many thanks.

linsky wrote:

Having read the information from the B&W site regarding to ESA , I am more clear now on my issue but still a little confused as the way they reach their decision. I have copy and pasted below the snippet of information from the guide and afterward added my comments and would appreciate it if anyone could confirm that the decision made by the DWP is correct in all these type of cases.


Understanding Employment and Support Allowance.
Page 12
Contribution based ESA

You must have paid enough national insurance contributions to qualify for
contribution-based ESA . In general, you need to have actually paid 25 x class 1 or 2
contributions in one of the last 3 tax years; and have paid or been credited with 50 x
contributions in both the last 2 tax years.


I was signed off as unfit for work in June 2007 until August 2010. My symptoms returned and I was again signed off work in September 2011. I was then told by the DWP that I would not be paid ESA because I hadn’t paid or been credited with enough NI Contributions. They used the tax years ending 5 April 2009 and 5 April 2010.
What confuses me is that I was in receipt of Incapacity Benefit during the period they have used to calculate whether I am entitled to any Contribution based ESA , and deemed that I do not qualify for any ESA payment but if I would have remained unfit for work, I would still be in full receipt of a paid benefit. I don’t think it is worth all the hassle of being in their ‘machinery’ having to attend WCA’s etc. just to receive a NI credit.
I could not make any paid contributions during the time used to assess my eligibility simply because I was unfit for work and in receipt of credited contributions, so are there any exceptions to this rule?
Have I or the DWP made some error in the light of the above? Many thanks.

Hi linsky

I'm sorry but we are unable to answer specific questions about your claim. We can only answer general benefit questions, how to find the B&W guides & how they work. You should consult a WRO at an Advice Agency, as we do not operate a Welfare Rights Service.

Regards

Michael



Regards

Michael

michaelg wrote:

linsky wrote:

Having read the information from the B&W site regarding to ESA , I am more clear now on my issue but still a little confused as the way they reach their decision. I have copy and pasted below the snippet of information from the guide and afterward added my comments and would appreciate it if anyone could confirm that the decision made by the DWP is correct in all these type of cases.


Understanding Employment and Support Allowance.
Page 12
Contribution based ESA

You must have paid enough national insurance contributions to qualify for
contribution-based ESA . In general, you need to have actually paid 25 x class 1 or 2
contributions in one of the last 3 tax years; and have paid or been credited with 50 x
contributions in both the last 2 tax years.


I was signed off as unfit for work in June 2007 until August 2010. My symptoms returned and I was again signed off work in September 2011. I was then told by the DWP that I would not be paid ESA because I hadn’t paid or been credited with enough NI Contributions. They used the tax years ending 5 April 2009 and 5 April 2010.
What confuses me is that I was in receipt of Incapacity Benefit during the period they have used to calculate whether I am entitled to any Contribution based ESA , and deemed that I do not qualify for any ESA payment but if I would have remained unfit for work, I would still be in full receipt of a paid benefit. I don’t think it is worth all the hassle of being in their ‘machinery’ having to attend WCA’s etc. just to receive a NI credit.
I could not make any paid contributions during the time used to assess my eligibility simply because I was unfit for work and in receipt of credited contributions, so are there any exceptions to this rule?
Have I or the DWP made some error in the light of the above? Many thanks.

Hi linsky

I'm sorry but we are unable to answer specific questions about your claim. We can only answer general benefit questions, how to find the B&W guides & how they work. You should consult a WRO at an Advice Agency, as we do not operate a Welfare Rights Service.

Regards

Michael



Regards

Michael

Thank you for your reply, but I thought I was asking a general benefit enquiry in that the answer to my specific question would be the same to everyone using the dates that I have specified. I posted factual information, or so I thought.
Kind regards,
Linsky

But surely your 'stamp' is paid for you while you are on IB/ESA? When I first went on IB in 2000 I did not have enough NI contributions [due to very complicated reasons] but was told my 'stamp' would be paid and I would qualify in 2 years time... which I did.