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if appeal fails

  • gris
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11 years 9 months ago - 11 years 9 months ago #87701 by gris
if appeal fails was created by gris
my appeal is on Monday. I am currently esa cont. based which ended in April. If I fail this appeal will I still be able to supply fit notes to dwp to get my NI paid. Thanks for your assistance,
Last edit: 11 years 9 months ago by Gordon.

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11 years 9 months ago - 11 years 9 months ago #87704 by slugsta
Replied by slugsta on topic Re:if appeal fails
I assume you are appealing to be put into the Support Group?

If your appeal fails and you are not entitled to income based ESA then you will continue getting NI credits for as long as you are considered to have limited capacity for work. You will not have to supply 'Fit notes' from your GP.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 9 months ago by slugsta.

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11 years 9 months ago #87705 by Gordon
Replied by Gordon on topic Re:if appeal fails
gris wrote:

my appeal is on Monday. I am currently esa cont. based which ended in April. If I fail this appeal will I still be able to supply fit notes to dwp to get my NI paid. Thanks for your assistance,

If you are placed in the Support Group then you payments will be re-instated.

If you remain in the WRAG you will receive NI credits, you should not need to send the DWP Fit Notes.

If your appeal fails and you are not placed in either group then you will not receive even the NI credits.

Good luck

Gordon

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

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11 years 9 months ago - 11 years 9 months ago #87802 by canttrusthesystem
Replied by canttrusthesystem on topic Re:if appeal fails
Perhaps a Moderator could advise on this one but if Gris's appeal fails, can't s/he immediately make a new claim for ESA if s/he thinks they are entitled to it?
Last edit: 11 years 9 months ago by Gordon.

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11 years 9 months ago #87806 by Gordon
Replied by Gordon on topic Re:if appeal fails
cantrusthesystem wrote:

Perhaps a Moderator could advise on this one but if Gris's appeal fails, can't s/he immediately make a new claim for ESA if s/he thinks they are entitled to it?

Actually no!

Making a new claim immediately will result in it being linked to the previous claim, where entitlement ceased due to the 365 day rule, and as a result will also be limited.

A new claim for ESA(CB) csn be submitted after 12 weeks have elapsed from the closure of the previous claim, however, the claimant can only be awarded ESA(CB) if they once again meet the NI Contribution requirements or have been receiving Carers Allowance or the Carers Premium. NI Contributions can only earned through employment or registered self employment, so anybody who has been on ESA for a protracted period or was previously on IB will not be able to meet this requirement.

Gordon

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

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11 years 9 months ago #87873 by canttrusthesystem
Replied by canttrusthesystem on topic Re:if appeal fails
I must apologise - thanks for the correction and subsequent learning there, Gordon. That's what comes of being an ostrich and hiding from the full horrors of the situation. (That doesn't really work, does it?)

I hope your appeal was successful Gris.

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