Contribution-related ESA and reclaiming

jace wrote:

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

Yes, you need to close your existing claim, wait 12 weeks and then make a new claim, which will involve an assessmet period of at least 13 weeks, a new ESA50, and potentially a new WCA.

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 (?)

Some claimants who have only received ESA for the year and were working regularly before that, may still have "unused" NI Contributions that will alow them to re-qualify, you can contact HMRC for details of your eligibility.

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

As we understand it yes, my reticence is that this is as yet untested.

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?

The only way, apart from re-qualifying for ESA(CB), is to qualify for the Support Group, at which point your ESA(CB) payments will be re-instated and remain in payment as long as you continue to qualify for the SG.

Regulation 35 applies to the Support Group and 29 to the WRAG, and are both covered under the heading of Exceptional Circumstances.

It is also important to note when requesting a SuperSession, the burden of proof lies with the claimant, and will require new and significant evidence to support the claim.

Gordon

Suzy wrote:

Hi,
My contributions based ESA has been stopped after 365 days and think i might be eligible to re-apply. i wonder if someone might be able to advice on the following;

As i understand it i need enough NICs from employment in the previous 3 tax years, and that are unused for any other claim, how much NICs from employment are needed to qualify? (how many weeks)

Do NICs from SSP count? (assuming NICs are paid while receiving SSP?)

do i need to establish myself if i meet the conditions before re applying or will DWP work it out?

Thanks.

You need to get face to face advice, see

Where to get advice?

You need to meet three conditions; you need sufficient NI Contributions in the qualifying years, you need sufficient NI Contrinutions and/or NI credits in the qualifying years, and one of the qualifying years used for a new claim must be later than the qualifying years used in your current claim,

As Mrs H has suggested, it is not as clear cut as simply re-applying, and there are implications to you doing so that you need to consider, as by making a new claim, you lose the right to be re-assessed at a later date for the Support Group on you existing claim.

Gordon