ESA Appeal rate length

John

Having spent 1 1/2 hours going through three sets of legislation, CPAG and the Rightsnet forum, I still have not found a definitive answer regarding NI Credits.

My reading of the legislation, suggests by implication that NI Credits are not payable, but I cannot be certain of this as none of them describe the specific circumstances of someone appealing a Fit for Work Decision. There are references to the NI Credits only being payable with the "support" component which is usually taken to mean either the WRAG or the Support Group, there also references to Limited Capability for Work, which is also associated with the WRAG and Support Group, the latter by implication, however, as Bro58 has pointed out to me, there is an assumption of LCW when some appeals a FfW Decision.

I have found a discussion on RightsNet that suggests that NI Credits are payable, but there is no reference to the legislation to support this statement.

So I am afraid that I am stuck.

The one document I have found that makes a specific statement in the particular circumstances you are facing is the following one.

www.leics.gov.uk/esa_stop_benefit.pdf

It states

If you have failed the medical and the DWP decide that you do not have a Limited Capability for Work then your Employment and Support Allowance (ESA) or National Insurance Credits will stop. If you appeal you will continue to receive payments of ESA, however your National Insurance credits will only be credited if your appeal is successful.

My only suggestion is that you contact the NI Help line

National Insurance Helpline

Telephone: 0845 302 1479
Textphone: 0845 915 3296
Monday to Friday 8am to 8pm
Saturday 8am to 4pm

Gordon

John wrote: Thanks Gordon for your investigations.I phoned the N.I. helpline before your last post in my thread and Guess what?the person i spoke to did'nt know the answer either

Well at least I am not the only one.

Gordon