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Contribution-related ESA and reclaiming

jace
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12 years 5 months ago #92103 by jace

Contribution-related ESA and reclaiming was created by jace

Many people are now 12 weeks past having their payments stopped because of the time-limiting rule for CR-ESA WRAG. Can these people now reclaim, using their NI credits obtained while on IB or ESA previously, or is this no longer the case? I found this troubling para

"18. RELAXATION OF THE FIRST CONTRIBUTION CONDITION: ESA(CONT)
DMG 41032 3.5 provides guidance on treating the first contribution condition1 as satisfied where the claimant had received ESA(Cont) in the last tax year immediately

before the relevant benefit year in which a further claim for ESA(Cont) is made2. From 1.4.12 this provision is revoked3."

www.dwp.gov.uk/docs/m-11-12.pdf
Indeed, DMG 41032 is no longer available online.

If a person's condition is still such that they are only eligible for the WRAG, under what conditions can they reclaim, given a 12 week gap since the cessation of ESA CR payments?

As I understand it, a person can reclaim without meeting the same strict contribution requirements if their condition has worsened so that they are now eligible for the support group - is this right?

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bro58

12 years 5 months ago - 12 years 5 months ago #92104 by bro58

Replied by bro58 on topic Re:Contribution-related ESA and reclaiming

jace wrote:

Many people are now 12 weeks past having their payments stopped because of the time-limiting rule for CR-ESA WRAG. Can these people now reclaim, using their NI credits obtained while on IB or ESA previously, or is this no longer the case? I found this troubling para

"18. RELAXATION OF THE FIRST CONTRIBUTION CONDITION: ESA(CONT)
DMG 41032 3.5 provides guidance on treating the first contribution condition1 as satisfied where the claimant had received ESA(Cont) in the last tax year immediately

before the relevant benefit year in which a further claim for ESA(Cont) is made2. From 1.4.12 this provision is revoked3."
www.dwp.gov.uk/docs/m-11-12.pdf
Indeed, DMG 41032 is no longer available online.

If a person's condition is still such that they are only eligible for the WRAG, under what conditions can they reclaim, given a 12 week gap since the cessation of ESA CR payments?

As I understand it, a person can reclaim without meeting the same strict contribution requirements if their condition has worsened so that they are now eligible for the support group - is this right?

Hi J,

I am not sure if this answers your question, but if a claimant has lost his payments for Cont Based ESA in The WRAG, because they have exhausted their 365 day entitlement, but are still entitled to ESA WRAG, and receive NI Credits only.

They can ask for a supersession if their condition has deteriorated or they suffer from new conditions that they feel entitle them to entry of The Support Group.

See :

12 Month Limit for ESA(CB) Updated 10/03/12

12 Month Limit for ESA(CB) – Implementation New

Qualifying for the Support Group

Please repost if this does not answer your query.

bro58

Last edit: 12 years 5 months ago by bro58.

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slugsta
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12 years 5 months ago #92105 by slugsta

Replied by slugsta on topic Re:Contribution-related ESA and reclaiming

If people keep their claim live (even if not being paid), they can access the Support Group at a later stage if their condition now meets the criteria.

If someone ends their ESA claim, they can reclaim contributary benefit after 12 weeks only if they can meet the NI contribution conditions. These NI contributions can only be earned in employment.

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

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Gordon
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12 years 5 months ago #92106 by Gordon

Replied by Gordon on topic Re:Contribution-related ESA and reclaiming

Jace

I am afraid it is not that easy.

First, even though it has been more than 12 weeks, claimants will still have an active claim as they are receiving NI Credits. The requirement is for there to be 12 weeks between claims, so you would have to close this claim and then wait 12 weeks before making a new claim.

Secondly, and more importantly, the Clause you are referring to has been withdrawn from the legislation so it is no longer possible to qualify under these circumstances.

The only way to re-qualify is if you have sufficient NI Contributions in one of the qualifying years, and that qualifying year is later than the one used to originally qualify for ESA(CB). If you were transferred from IB, then it is impossible to meet this requirement,

You are correct that if at a later date, you qualify for the Support Group, your payments will be re-instated, however, this only applies if there has been no break in your claim.

I hope this explains it, but if not, please reply to this thread.

Gordon

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Gordon
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12 years 5 months ago #92107 by Gordon

Replied by Gordon on topic Re:Contribution-related ESA and reclaiming

Just to add, it is of course possible to re-establish your NI Contributions through paid employment or registered self-employment.

Gordon

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jace
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12 years 5 months ago #92117 by jace

Replied by jace on topic Re:Contribution-related ESA and reclaiming

So, as I understand it,

The 12 week gap is only a gap if your claim had ceased, eg you were not getting even NI credits
:ohmy:

You have to have paid either employed or self employed stamps for 26(?) weeks after the contribution year that was used in your previous claim or transfer from IB, which in most cases effectively means you have had to have worked for six months after you were time-limited and your ESA WRAG payments stopped (?)

If your claim is still live, ie you are getting NI credits via ESA, you can apply for a supersession if you think you belong in the support group
:angry:

For people with a working partner (in excess of 24 hours a week), or those above the £16K capital limit, the only way to get any state support in sickness is to prove you conform to the support group regulations or regulation 35/29 (I'm confused about those last two).

Have I got this right?

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