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7 years 9 months ago #161625 by helen1234
Replied by helen1234 on topic esa reconsideration appeal
Gordon ,how long do N.I.contributions last when your on the sick , i worked for 19 years ,on IB for 16 years and ESA for 2 years ( contribution based )when do these run out

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7 years 9 months ago #161648 by Gordon
Replied by Gordon on topic esa reconsideration appeal

helen1234 wrote: Gordon ,how long do N.I.contributions last when your on the sick , i worked for 19 years ,on IB for 16 years and ESA for 2 years ( contribution based )when do these run out


I'm not sure what you mean by "run out". :)

NI Contributions are used to decide eligibility for ESA(CB), if you are eligible then there is no further reference to your NI Contributions as long as your claim is continuous, as you were transferred from IB to ESA then your eligibility for ESA(CB) was a result of your receiving IB.

If for any reason your ESA claim was closed and you then made a new claim for ESA, then you would only meet the ESA Contribution Conditions if you had worked and earned sufficient NI Contributions in the two complete Tax Years prior to the year of your claim.

As a completely different scenario. ESA(CB) is only payable for a total of 365 days if you are not in the Support Group. See

12 Month Limit for ESA(CB)

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: helen1234

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7 years 9 months ago #161673 by helen1234
Replied by helen1234 on topic esa reconsideration appeal
just a wee update Gordon ,rang ESA today with a request for a DM to call me back regarding my MR,was informed all MR are frozen still due to their legal team still trying to come to an agreement over the meaning of the substantial risk element,told me it could be weeks maybe months before this is sorted ,stressed to the max here but will just have to wait until its sorted ,you would think all of this would have been clarified before they went live with this on May 22nd 2016

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7 years 8 months ago #162327 by helen1234
Replied by helen1234 on topic esa reconsideration appeal
hi Gordon ,thinking of going straight for appeal ,there doesn`t seem to be a date for the legal team to sort out there stuff, i`m also worried that after all the time i`m waiting for a MR they might turn around and say i was outside the time frame for requesting one seeing as the decision to be placed in wrag was made in feb16 and i didnt send in request for MR until may/june ,no one has in all my correspondence ever mentioned that the time frame was outside the allowed month or ever asked me for the reason i was late with my request ,what do you think on the likely hood of this happening

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7 years 8 months ago #162344 by slugsta
Replied by slugsta on topic esa reconsideration appeal
You cannot go to appeal until you have a MR decision letter, you will then have 1 month in which to submit the appeal.

If DWP have accepted your MR request without any problem then they will not bring up the date of request at a later stage.

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7 years 8 months ago #162348 by Gordon
Replied by Gordon on topic esa reconsideration appeal

helen1234 wrote: hi Gordon ,thinking of going straight for appeal ,there doesn`t seem to be a date for the legal team to sort out there stuff, i`m also worried that after all the time i`m waiting for a MR they might turn around and say i was outside the time frame for requesting one seeing as the decision to be placed in wrag was made in feb16 and i didnt send in request for MR until may/june ,no one has in all my correspondence ever mentioned that the time frame was outside the allowed month or ever asked me for the reason i was late with my request ,what do you think on the likely hood of this happening


I'm afraid you cannot appeal until the MR is completed, you need the MR Notice that you will be sent when the DWP get back to you in order to have your appeal accepted.

Timing should not be an issue as you will have one month from the date of the MR Decision Letter to request an appeal.

Gordon

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

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