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ESA - in WRAG refuse Support can I reclaim 12 wee
11 years 1 month ago - 11 years 1 month ago #100311 by
Hi Ib,
Please be assured that the information that we have provided is correct.
The scenario that you quote would be for a "fresh claim" of ESA where you were in employment immediately before claiming ESA, and would therefore have the required NI Contributions from said employment.
You did not make a "claim" for ESA, you were transferred over from long term IB.
bro58
Replied by on topic ESA - in WRAG refuse Support can I reclaim 12 wee
Indybear wrote: I am completely thick on this - thank you for you very detailed answers - on googling the subject - it is stated on the disability rights website that if you claim ceases because of time limiting - you may be able to reapply twelve weeks later as you would and you maybe successful if your esa claim started after dec 2010 - i was moved to esa in dec 2011 - have any of you heard of this and i thought but looks like i am wrong that your ni contributions were kept up to date whilst on ib - i assume that information is incorrect then - sorry to be a pain on this
Hi Ib,
Please be assured that the information that we have provided is correct.
The scenario that you quote would be for a "fresh claim" of ESA where you were in employment immediately before claiming ESA, and would therefore have the required NI Contributions from said employment.
You did not make a "claim" for ESA, you were transferred over from long term IB.
bro58
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11 years 1 month ago - 11 years 1 month ago #100351 by
Hi Ib,
The 12 weeks linking rule is with respect to an ESA Claim being closed for what ever reason, and within 12 weeks of closing the claim, the claimant has to reclaim ESA, then it would not be classed as a fresh claim.
If 12 weeks or more has elapsed after closing your ESA Claim, then any ESA Claim after that will be classed as a fresh claim.
The circumstance that you pose where someone who has lost payment of CB ESA due to the 365 day limitation being exhausted, then closing their claim, and making a fresh claim after the 12 weeks, would only be pertinent to someone who had the necessary NI Contributions from the previous two qualifying years.
In other words someone who had only been on IB a short time before being transferred to ESA, and had worked immediately before claiming IB.
In your scenario this is not relevant as you were previously on IB for 5 years before being transferred to ESA.
The NI Credits alone that you may have received whilst in receipt of IB, and any NI Credits that you have received whilst in receipt of ESA, do not enable you to reclaim ESA and have further entitlement to payment of CB ESA.
I feel that you may be looking for an answer that isn't there.
As I have previously stated, the only way that you will again be entitled to CB ESA, in your personal circumstances, under current legislation, is to gain access to The SG, or to gain the necessary NI Contributions through employment.
bro58
Replied by on topic ESA - in WRAG refuse Support can I reclaim 12 wee
Indybear wrote: I am sorry to ask this again - but there is sooooo much conflicting information on the net - I have been on IB since 2006 and in Dec 11 was migrated to ESA and in Dec 12 it was stopped due to time limiting - I re submitted a sick note asking to be placed in support group as I am in WRAG even though sick note said 'significantly worse' as I was told by the decision makers to have written on the note - this was not good enough I was sent an ESA50 - this was filled in and I have again been refused support group and put in WRAG for 18 mths from 4th of March - I have read about a 12 week rule - but the ESA call centre refuse to put me through to the decision makers - they state they have never heard of this rule - I knwo I asked this yesterday but some forums are stating that you recaim after 12 weeks after your claim was time limited (though you are still recieveing ni credits through being in the WRAG) others are saying you have to stop that claim completely after time limiting as in then not recieve those credits and then make a fresh claim 12 weeks later - there are all these rules - the citizens advice don't seem to know and the i can't get to speak to anyone at benefits office - they say write in ??? help please can anyone clarify this 12 week rule - sorry i know i'm a pain
Hi Ib,
The 12 weeks linking rule is with respect to an ESA Claim being closed for what ever reason, and within 12 weeks of closing the claim, the claimant has to reclaim ESA, then it would not be classed as a fresh claim.
If 12 weeks or more has elapsed after closing your ESA Claim, then any ESA Claim after that will be classed as a fresh claim.
The circumstance that you pose where someone who has lost payment of CB ESA due to the 365 day limitation being exhausted, then closing their claim, and making a fresh claim after the 12 weeks, would only be pertinent to someone who had the necessary NI Contributions from the previous two qualifying years.
In other words someone who had only been on IB a short time before being transferred to ESA, and had worked immediately before claiming IB.
In your scenario this is not relevant as you were previously on IB for 5 years before being transferred to ESA.
The NI Credits alone that you may have received whilst in receipt of IB, and any NI Credits that you have received whilst in receipt of ESA, do not enable you to reclaim ESA and have further entitlement to payment of CB ESA.
I feel that you may be looking for an answer that isn't there.
As I have previously stated, the only way that you will again be entitled to CB ESA, in your personal circumstances, under current legislation, is to gain access to The SG, or to gain the necessary NI Contributions through employment.
bro58
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