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ESA Application Refused

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2 years 5 months ago #272612 by BudgetLaptop
ESA Application Refused was created by BudgetLaptop
Hello,

I have been over the last 20 years, and up until recently a full time carer for several members of my family.

The longterm prolonged stress of being a carer has left me with severe anxiety, panic attacks and some degree of agoraphobia; my doctor has provided me with a fit note for 3 months, ending September.

I've also been referred to MIND and have started receiving visits from a support worker.

I'm currently claiming UC and made a claim for ESA which was refused on the grounds that I do not have enough tax credits; after checking my tax credits online I can see that for the years the DWP stated that they used when looking at my claim 2020 - 22 I have full tax credits for those years.

My support worker has said that I should call the DWP and ask for an ESA 'capability for work form'?

The limited understanding I have is that this is something that would need to be initiated from the DWP and isn't something that I could just ask for?

I'd be most grateful for any help/advice you could offer, dealing with the DWP I find incredibly stressful and certainly not straightforward.

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2 years 5 months ago #272631 by Gary
Replied by Gary on topic ESA Application Refused
Hi BudgetLaptop

There are two national insurance (NI) contribution conditions, both of which you must meet to be entitled to 'New style' ESA .

The first condition depends on the NI contributions that you have actually paid in the relevant tax year.

For the second condition, credited NI contributions, as well as paid NI contributions, count. In both cases, there is a relationship between 'tax years' and 'benefit years', so it is important to know the difference.

Tax years - A tax yearruns from 6 April to 5 April the following year

Benefit years - Benefit years start on the first Sunday in January and end on the Saturday before the first Sunday in January the following year.

If you make your ESA claim in the 2022 benefit year, you need to have paid 26 weeks contribution in one of the following tax years: 2019/20 or 2020/21 unless one of the exceptions applies such as entitlement to Carers Allowance.

As a full time carer, did you receive Carers Allowance?

You need to ask your workcoach for a Work Capability Assessment form (UC50 form) or put the request on your journal, your assessment period starts from when you give your workcoach your fit note, if successful then your LCWRA will start from the 14th week of your assessment period, you will not get LCWRA for the first 13 weeks.

Gary

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

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2 years 5 months ago #272663 by BudgetLaptop
Replied by BudgetLaptop on topic ESA Application Refused
Thank you Gary,

Yes, I was in receipt of CA.

I was unaware I could ask for the UC50 form, I'd posted several messages in my journal regarding my mental health issues but almost a week later have yet to receive a reply to any of them.

Once again, thank you.

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2 years 5 months ago #272691 by Gary
Replied by Gary on topic ESA Application Refused
Hi BudgetLaptop

You need to keep handing in fit notes until told otherwise. I would also keep posting on your journal request for Work Capability Assessment form (UC50).

Gary

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

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