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End of ESA(C) - keep claim open ?
- judexx
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11 years 11 months ago #85936 by judexx
End of ESA(C) - keep claim open ? was created by judexx
I have read the FAQ but could someone please clarify if I have understood this correctly.
A friend is in the WRAG and has now received her 365 days of ESA(C) and is not entitled to ESA(I). She has a long term disability and is highly unlikely to work again.
She has already paid 30 years NI contributions, so does not need any more to get her pension.
Am I right in thinking though, that unless she keeps her current claim open (ie claim for NI credits), if in the future, something was to happen that would entitle her to the Support group, she would not be able to make a new claim, due to not have paid any NI contributions for the relevant tax year ?
So is it generally sensible for people in this position to keep claiming NI credits just in case their condition gets worse or they develop another health problem that would entitle them to be in the Support group ?
A friend is in the WRAG and has now received her 365 days of ESA(C) and is not entitled to ESA(I). She has a long term disability and is highly unlikely to work again.
She has already paid 30 years NI contributions, so does not need any more to get her pension.
Am I right in thinking though, that unless she keeps her current claim open (ie claim for NI credits), if in the future, something was to happen that would entitle her to the Support group, she would not be able to make a new claim, due to not have paid any NI contributions for the relevant tax year ?
So is it generally sensible for people in this position to keep claiming NI credits just in case their condition gets worse or they develop another health problem that would entitle them to be in the Support group ?
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- pete17971
11 years 11 months ago #85939 by pete17971
Replied by pete17971 on topic Re:End of ESA(C) - keep claim open ?
judexx wrote:
Hi,
Yes, your thoughts are basically correct.
It is down to the person in question to weigh up the pros' and cons (potential of a future Support Group Claim etc v having to attend wfi's etc etc) and make their decision from there.
It maybe wise for your friend to get some face to face advice to go through all potential scenarios (ie likelihood they may need to go into the SG in the future) before making a final decision.
Pete
I have read the FAQ but could someone please clarify if I have understood this correctly.
A friend is in the WRAG and has now received her 365 days of ESA(C) and is not entitled to ESA(I). She has a long term disability and is highly unlikely to work again.
She has already paid 30 years NI contributions, so does not need any more to get her pension.
Am I right in thinking though, that unless she keeps her current claim open (ie claim for NI credits), if in the future, something was to happen that would entitle her to the Support group, she would not be able to make a new claim, due to not have paid any NI contributions for the relevant tax year ?
So is it generally sensible for people in this position to keep claiming NI credits just in case their condition gets worse or they develop another health problem that would entitle them to be in the Support group ?
Hi,
Yes, your thoughts are basically correct.
It is down to the person in question to weigh up the pros' and cons (potential of a future Support Group Claim etc v having to attend wfi's etc etc) and make their decision from there.
It maybe wise for your friend to get some face to face advice to go through all potential scenarios (ie likelihood they may need to go into the SG in the future) before making a final decision.
Pete
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- Gordon
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11 years 11 months ago #85940 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:End of ESA(C) - keep claim open ?
Jude
The DWP have not made it clear how they will determine that a person has maintained their eligiblity for ESA and in particular, Limited Capability for Work.
However, the general concensus at this time is that continuing to receive NI Credits is more likely to support a future claim to be be in the Support Group, than not claiming NI Credits.
So providing your firnd is prepared to continue to jump over the DWP hurdles, this seems to be the way to go.
Gordon
The DWP have not made it clear how they will determine that a person has maintained their eligiblity for ESA and in particular, Limited Capability for Work.
However, the general concensus at this time is that continuing to receive NI Credits is more likely to support a future claim to be be in the Support Group, than not claiming NI Credits.
So providing your firnd is prepared to continue to jump over the DWP hurdles, this seems to be the way to go.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- judexx
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11 years 11 months ago #85943 by judexx
Replied by judexx on topic Re:End of ESA(C) - keep claim open ?
Thanks both Pete and Gordon for such quick replies - it feels like a potential mine field out there !
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- slugsta
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11 years 11 months ago #85947 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Re:End of ESA(C) - keep claim open ?
You are right, jude, and I suspect that we will not really know how the system works until a little way down the line.
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