After ESA (c) ends?

Gareth wrote: Gentlemen,

If I've understood you boys correctly then..........

(a) if you stop your CB ESA claim by stopping receiving NICs (because you have 30 years worth) you forefiet the right to claim CB ESA in the future even if you become SG eligable unless you have the required employment NICs.

(b) So even after your 365 days in the WRAG has come to an end to satisfy Section 52(1a) you must continue to receive (non required) NICs in order to "stay on the DWP's ESA books" in order to be able to personally request and also recieve periodic WCAs just in case your condition deteriorates.


So at the end of the 365 days keep on claiming the NICs!

If so then this isn't quite the same as what a certain [Tory]Peer said when asked the same question, all he said was "In order for a person to show that they have had (or can be treated as having) limited capability for work they would need to provide medical evidence"

Thanks boys

BTW is all what you've told me written down somewhere?

Hi G,

(a) Yes if you opted out of ESA, and no longer had a live assessment of LCW, the only way that you could qualify once more for "PAYMENT" of CB ESA would be through gaining the necessary NI Contributions through employment.

(b) The NI C's are not actually relevant to regaining payment of CB ESA through entry to the SG. It is the continued assessment as having LCW that is important, the NI C's would be paid automatically as long as you were deemed LCW under the ESA WCA. (The NI Credits paid only go towards SP entitlement)

Therefore you don't have to "CLAIM" the NI C's, you simply have to comply with the ESA WCA reassessment criteria, and continue to be deemed LCW, the NI C's are then paid automatically.

It's explained somewhat, here :

12 Month Limit for ESA(CB)

Further explained in Section 52 that you originally quoted.

Limited Capability for Work, (LCW) is actual ESA terminology, and is decided upon by the ATOS HCP and The ESA DM, so I don't know what your peer is referring to.

bro58

Gordon wrote:

Gareth wrote: Gentlemen,

If I've understood you boys correctly then..........

(a) if you stop your CB ESA claim by stopping receiving NICs (because you have 30 years worth) you forefiet the right to claim CB ESA in the future even if you become SG eligable unless you have the required employment NICs.

Not necessarily, as you have already summised, the Government has been less than detailed in explaining what options a claimant will have in the longer term.

If refusing further NI Credits results in your claim being closed then I would agree with you, but I am not aware of anything that says that your claim is automatically closed if you indicate that you no longer wish to receive them, as I said in an earlier post, this is about eligibility for ESA.

(b) So even after your 365 days in the WRAG has come to an end to satisfy Section 52(1a) you must continue to receive (non required) NICs in order to "stay on the DWP's ESA books" in order to be able to personally request and also recieve periodic WCAs just in case your condition deteriorates.

See above, receiving NI Credits is a visible reflection of the claimant remaining to be eligible for ESA, as you cannot receive them if you are not eligible for ESA (I am speaking purely in the context of ESA), and as a result appears to be the simplest method of keeping your options open.

If so then this isn't quite the same as what a certain [Tory]Peer said when asked the same question, all he said was "In order for a person to show that they have had (or can be treated as having) limited capability for work they would need to provide medical evidence"

A claimant may need to provide medical evidence in order to pass any future WCA's, so the comment is not entirely incorrect.

BTW is all what you've told me written down somewhere?

The best you will find is the Decision Makers Guide and the associated updates.

Gordon

Hey both G's

A claimant may need to provide medical evidence in order to pass any future WCA's, so the comment is not entirely incorrect.

Maybe not entirely incorrect, but definately possibly misleading.

This peer wasn't Freud was it ? he dosen't know his xxxx from his elbow.

bro58

bro58 wrote: Therefore you don't have to "CLAIM" the NI C's, you simply have to comply with the ESA WCA reassessment criteria, and continue to be deemed LCW, the NI C's are then paid automatically.

bro58

I think if there was an idiots (ie me) guide to "How comply with the ESA WCA reassessment criteria &how to continue to be deemed LCW" I may just get it.

Thanks gentlemen I appreciate your efforts, time for me to lie down I think.

Gareth wrote:

bro58 wrote: Therefore you don't have to "CLAIM" the NI C's, you simply have to comply with the ESA WCA reassessment criteria, and continue to be deemed LCW, the NI C's are then paid automatically.

bro58

I think if there was an idiots (ie me) guide to "How comply with the ESA WCA reassessment criteria &how to continue to be deemed LCW" I may just get it.

Thanks gentlemen I appreciate your efforts, time for me to lie down I think.

No problem G

Keep taking the meds !!!

bro58