- Posts: 4
× Members
ESA WRAG > IS ? > ESA
- kodakfish
- Topic Author
- Offline
Less More
11 years 2 months ago - 11 years 2 months ago #99098 by kodakfish
ESA WRAG > IS ? > ESA was created by kodakfish
OK I have a simple question but with a complex backstory:
I was placed originally in th WRAG (IR) (as have variable health problems throughout day, but they assessed as would be fit for work within 18 months this was 30 months ago). Also refused DLA as variable problem of expected too short period.
after the 6 month period I was transfered to my partners IS (who is also on higher DLA and IB)
I have now got an ESA50 for moving me back to ESA.
I have spoken to the DWP who say this is because my claim is still open with them and they will only close it IF I ask them to (meaning no more NI contributions)
They tried to 'encourage' me to do this saying that then I wont have to attend the medical.
My concern is this would then take me out of the benefits system counting me as one of those who have decided they are not suitable for benefits and potentially loose my rights to any benefits at all.
Just wondering if anyone else can give experiential advice . Although doubt many have similar situation
I was placed originally in th WRAG (IR) (as have variable health problems throughout day, but they assessed as would be fit for work within 18 months this was 30 months ago). Also refused DLA as variable problem of expected too short period.
after the 6 month period I was transfered to my partners IS (who is also on higher DLA and IB)
I have now got an ESA50 for moving me back to ESA.
I have spoken to the DWP who say this is because my claim is still open with them and they will only close it IF I ask them to (meaning no more NI contributions)
They tried to 'encourage' me to do this saying that then I wont have to attend the medical.
My concern is this would then take me out of the benefits system counting me as one of those who have decided they are not suitable for benefits and potentially loose my rights to any benefits at all.
Just wondering if anyone else can give experiential advice . Although doubt many have similar situation
Last edit: 11 years 2 months ago by Gordon.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51071
11 years 2 months ago #99117 by Gordon
You will have to forgive me, but I am a little confused by your post, but I will do my best to help.
If your partner was in receipt of IB with an IS top-up then I do not see how you could make a claim for ESA(IR), as it is only possible to have one Income Related claim in a couple, and this scenario would result in two.
However, that aside, the current issue is the payment of your NI Credits, you need 30 years of NI Contributions and/or NI Credits in order for you to be eligible for a full State Pension, if you already have this "banked" then there may be no additional value in you continuing to receive NI Credits (see below), however, if you have not then it would be to your advantage to continue receiving NI Credits, but this will require you to complete and return the ESA50 and possibly attend a face to face assessment.
To complicate the matter, the Government have been talking about a "standard" pension, this may not happen as it will not be implemented until after the next election, but it is not clear whether this will have an effect or not on a person NI record.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA WRAG > IS ? > ESA
kodakfish wrote: OK I have a simple question but with a complex backstory:
I was placed originally in th WRAG (IR) (as have variable health problems throughout day, but they assessed as would be fit for work within 18 months this was 30 months ago). Also refused DLA as variable problem of expected too short period.
after the 6 month period I was transfered to my partners IS (who is also on higher DLA and IB)
I have now got an ESA50 for moving me back to ESA.
I have spoken to the DWP who say this is because my claim is still open with them and they will only close it IF I ask them to (meaning no more NI contributions)
They tried to 'encourage' me to do this saying that then I wont have to attend the medical.
My concern is this would then take me out of the benefits system counting me as one of those who have decided they are not suitable for benefits and potentially loose my rights to any benefits at all.
Just wondering if anyone else can give experiential advice . Although doubt many have similar situation
You will have to forgive me, but I am a little confused by your post, but I will do my best to help.
If your partner was in receipt of IB with an IS top-up then I do not see how you could make a claim for ESA(IR), as it is only possible to have one Income Related claim in a couple, and this scenario would result in two.
However, that aside, the current issue is the payment of your NI Credits, you need 30 years of NI Contributions and/or NI Credits in order for you to be eligible for a full State Pension, if you already have this "banked" then there may be no additional value in you continuing to receive NI Credits (see below), however, if you have not then it would be to your advantage to continue receiving NI Credits, but this will require you to complete and return the ESA50 and possibly attend a face to face assessment.
To complicate the matter, the Government have been talking about a "standard" pension, this may not happen as it will not be implemented until after the next election, but it is not clear whether this will have an effect or not on a person NI record.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: kodakfish
Please Log in or Create an account to join the conversation.
- bro58
11 years 2 months ago - 11 years 2 months ago #99118 by bro58
Hi kf,
As you have received a new ESA50, it would seem that you still have a "Live" award of WRAG, (LCW), even though payment of CB ESA has ceased.
The advantage of complying with the ESA assessment criteria, even if only in receipt of NI Credits for State Pension purposes, (Besides the actual credits themselves) is that while you have a "Live" continuous award of WRAG, (LCW) you can request a supersession/review, if your medical conditions deteriorate or you have new conditions which would now qualify you for an SG award.
If you were then placed into The SG on review, payments of CB ESA would be reinstated from the date of the superceding decision, and payment would continue for as long as you remained in The SG, see : 12 Month Limit for ESA(CB)
Further, if as a result of this current reassessment, you are placed into The SG, again payment of CB ESA will be reinstated from the date of this decision.
Once you "Opt out" the only way that you could again qualify for payment of CB ESA in the future, would be to gain the necessary NI Contributions from employment.
Whilst in receipt of NI Credits only even though you have to comply with the reassessment criteria, (ESA50, face to face assessment where requested) you do not have to take part in WFI's or WRA.
Depending on which version of The ESA50 you have, you should fill it in, (if you wish to) using the appropriate guides from this page :
ESA Claims Guides
As I do not know the full details of you finacial situation with regards to receipt of IS or IR ESA, you should seek face to face advice if you have any doubts, see : Where to get advice?
bro58
Replied by bro58 on topic ESA WRAG > IS ? > ESA
kodakfish wrote: OK I have a simple question but with a complex backstory:
I was placed originally in th WRAG (IR) (as have variable health problems throughout day, but they assessed as would be fit for work within 18 months this was 30 months ago). Also refused DLA as variable problem of expected too short period.
after the 6 month period I was transfered to my partners IS (who is also on higher DLA and IB)
I have now got an ESA50 for moving me back to ESA.
I have spoken to the DWP who say this is because my claim is still open with them and they will only close it IF I ask them to (meaning no more NI contributions)
They tried to 'encourage' me to do this saying that then I wont have to attend the medical.
My concern is this would then take me out of the benefits system counting me as one of those who have decided they are not suitable for benefits and potentially loose my rights to any benefits at all.
Just wondering if anyone else can give experiential advice . Although doubt many have similar situation
Hi kf,
As you have received a new ESA50, it would seem that you still have a "Live" award of WRAG, (LCW), even though payment of CB ESA has ceased.
The advantage of complying with the ESA assessment criteria, even if only in receipt of NI Credits for State Pension purposes, (Besides the actual credits themselves) is that while you have a "Live" continuous award of WRAG, (LCW) you can request a supersession/review, if your medical conditions deteriorate or you have new conditions which would now qualify you for an SG award.
If you were then placed into The SG on review, payments of CB ESA would be reinstated from the date of the superceding decision, and payment would continue for as long as you remained in The SG, see : 12 Month Limit for ESA(CB)
Further, if as a result of this current reassessment, you are placed into The SG, again payment of CB ESA will be reinstated from the date of this decision.
Once you "Opt out" the only way that you could again qualify for payment of CB ESA in the future, would be to gain the necessary NI Contributions from employment.
Whilst in receipt of NI Credits only even though you have to comply with the reassessment criteria, (ESA50, face to face assessment where requested) you do not have to take part in WFI's or WRA.
Depending on which version of The ESA50 you have, you should fill it in, (if you wish to) using the appropriate guides from this page :
ESA Claims Guides
As I do not know the full details of you finacial situation with regards to receipt of IS or IR ESA, you should seek face to face advice if you have any doubts, see : Where to get advice?
bro58
Last edit: 11 years 2 months ago by bro58.
Please Log in or Create an account to join the conversation.
- kodakfish
- Topic Author
- Offline
Less More
- Posts: 4
11 years 2 months ago #99122 by kodakfish
Replied by kodakfish on topic ESA WRAG > IS ? > ESA
sorry Gordon my typo 
I was originally on contributions based NOT income related. My bad sorry for the confusion
I was originally on contributions based NOT income related. My bad sorry for the confusion Please Log in or Create an account to join the conversation.
- bro58
11 years 2 months ago #99123 by bro58
Replied by bro58 on topic ESA WRAG > IS ? > ESA
Just to add, to receive this new "Standard Pension" in the future, I believe that you need 35 years worth of NI Credits by 2017.
www.gov.uk/search?q=State+Pension+calculate
bro58
www.gov.uk/search?q=State+Pension+calculate
bro58
Please Log in or Create an account to join the conversation.
- kodakfish
- Topic Author
- Offline
Less More
- Posts: 4
11 years 2 months ago #99129 by kodakfish
Replied by kodakfish on topic ESA WRAG > IS ? > ESA
thanks Gordon and Bro glad I dont have to attend WFI's I was getting 'sick' being told how no disability was an impediment to work, and all I had to do was to get a job (this from a supposed 'disability specialist advisor 
Please Log in or Create an account to join the conversation.
Moderators: bro58, Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris