Won ESA tribunal but refused ESA

I had my ESA Tribunal on November 2nd 2011 and was awarded 24 points ATOS awarded me zero points. At the Tribunal I was told that I qualified for ESA

I spoke with someone at the Clydebank DWP office last week and was told that my claim was being processed and I would receive all money backdated to January 2010

I have received a letter today from DWP telling me that They cannot pay me because I have not paid enough NI.

I applied for ESA in January 2010 and have not received a penny in benefits even although I qualify on the grounds on Low/no Income and have won a Tribunal

I don't know what to do can anyone offer me advice?

From what you have said you may be entitled to income-based ESA provided you meet all the conditions of entitlement, if you cannot be awarded contribution-based ESA because of an incomplete NI contribution record. See Income rule for ESA(IR). and Asset rule for ESA(IR).

If you think that you may qualify for ESA(IR) you should inform the DWP office at Clydebank.

I went to my GP yesterday and she told me that she had a letter from the DWP saying that she did not have to provide me with any more certificates as I had been awarded ESA.
This letter was written on the same day and has the same yours sincerely name on it as the one I received telling me that they were NOT awarding me ESA.
They say that they are working from my records 2008/2009 and that I did not pay enough NI. I have paid my NI contributions based on my very low income for the year so I am totally confused.
I applied for ESA in January 2010 and eventually had my tribunal November 2011 where I went from zero points to 24 and won my case.
I really do not know what to do now this whole process is just so confusing and stressful.

I wish everyone well
Molly21

I thought I would give an update on what is happening now.

Even although I meet the criteria for income based ESA I have continualy been told that I have not paide enough NI contributions. I decided to pay my NI contributions even although I have an exemption as my income was/is below the threshold.

However because I have apparently now made a 'late payment' the DWP are now saying that they will pay me ESA but not until February 2012.

My initial claim went into the DWP in January 2010 and I have been trying to get this benefit since then.

My Tribunal was on November 2nd 2011 and I went from zero points to twenty four points at the Tribunal.

I was awarded ESA at the Tribunal but the DWP have denied it to me.

I sopke to both the Tribunal services and the DWP Ombudsman today and they were both very surprised that I have not been given any money.

The man from the Tribunal services told me that he had only ever heard of this happening to one other person and the Ombudsman told me to take a letter of complaint to the Jobcentre.

I told him that I had already written several letters to the Jobcentre but apparently you have to write FORMAL COMPLAINT in caps on your letter or it will not be taken seriously.

I cannot believe that I have been trying to obtain this benefit for two years now
I am seriously considering going to the media as a last resort.
Kind reagrds
Molly

Molly21 wrote:

I thought I would give an update on what is happening now.

Even although I meet the criteria for income based ESA I have continualy been told that I have not paide enough NI contributions. I decided to pay my NI contributions even although I have an exemption as my income was/is below the threshold.

However because I have apparently now made a 'late payment' the DWP are now saying that they will pay me ESA but not until February 2012.

My initial claim went into the DWP in January 2010 and I have been trying to get this benefit since then.

My Tribunal was on November 2nd 2011 and I went from zero points to twenty four points at the Tribunal.

I was awarded ESA at the Tribunal but the DWP have denied it to me.

I sopke to both the Tribunal services and the DWP Ombudsman today and they were both very surprised that I have not been given any money.

The man from the Tribunal services told me that he had only ever heard of this happening to one other person and the Ombudsman told me to take a letter of complaint to the Jobcentre.

I told him that I had already written several letters to the Jobcentre but apparently you have to write FORMAL COMPLAINT in caps on your letter or it will not be taken seriously.

I cannot believe that I have been trying to obtain this benefit for two years now
I am seriously considering going to the media as a last resort.
Kind reagrds
Molly

Hi M21,

You don't need the necessary amount of NI Contributions to be entitled to Income Based(Income Related)ESA, you only need said contributions to be entitled to Contributary ESA.

bro58