Lost ESA appeal, reclaimed as Atos assesment over 6 months back, told not enough contributions so cannot claim.

[Bristolfiya]

Hi All,

 

This is my first post to this forum, hope i can explain well enough my predicament....

I have lost my ESA appeal in December, my last Atos assessment was back in January 2012.

I believed it was possible to claim ESA again as i had not been assessed for over 6 months, i have sent back the forms and today have been told that i am not able to claim the income related ESA as i have not paid enough contributions.

On telephoning them for clarity, as yesterday i was refused a crisis loan, wondering how long i would would have to be without money, i was told i had to live off my parters earnings.

I am confused as i have received a letter through the post telling me to send another (un)fit note as mine was due to run out on the 14 of feb, which I have sent.

I also recieved a Atos assement for to fill out.

Why have i recieved this if i am not entitled to ESA??

I have nothing my daughter has no nappies etc I am at a loss as to what to do.

I have made every effort to contact the local CAB to no avail today.

I really hope someone can shed some light and give me a bit of hope with discussion on this matter,

Thanx for reading,

[reallymadwoman]

Can you please clarify a few things?

 

First, do you have a partner who is working?

Second, were you being paid contribution based ESA before? If so, how long were you paid?

[Bristolfiya]

Hi,

Thanx for the fast response,

Yes I am married, my husabnd works full time, earning just under 1500 per month.

I have no clue weather I was getting contribution based esa before, I was claiming incapacity benefit previously for nearly 10 years, i was put onto ESA base rate while waitng for my appeal.

Hope this clarifies a little, I appreciate your help

Thanx

[Nystagmite]

If you received IB, you'd be transferred on to contributions based ESA.

[reallymadwoman]

So far as I am aware the problem is that this claim is a new claim and therefore unrelated to your previous IB claim.

 

To receive ESA as a new claim you either have to have made the right number of national insurance contributions in the relevant period, usually the last two years, or you must be able to claim on grounds of low income.

 

You cannot claim on income grounds because of your husband's earnings. On the subject of contributions I have no idea if the credits you receive as part of your IB/ESA claim count so hopefully someone who does know will comment.

 

You have been asked to send in fit notes and fill in an assessment form since even if you're not entitled to any money you can still claim national insurance credits, however if you're not going to receive any money and if you have a child it might be easier to claim home responsibilities credits instead - you should get them automatically if you claim child benefit in your name.

[Bristolfiya]

If you received IB, you'd be transferred on to contributions based ESA.

 

Thank you! Sorry for being ignorant, does this mean technically I should have paid enough contributions If I was on contribution based or does this mean I haven't paid any???

[Bristolfiya]

Thank you! Sorry for being ignorant, does this mean technically I should have paid enough contributions If I was on contribution based or does this mean I haven't paid any???

I understand that this is only claimable for a year? Since my ato was jan 2012 I would have received this for just under a year as it stopped mid December... Confused muchly! :/

[Nystagmite]

I understand that this is only claimable for a year? Since my ato was jan 2012 I would have received this for just under a year as it stopped mid December... Confused muchly! :/

 

For those in WRAG, yes. For people in support group, no such limit applies.

[**Margaret**]

:Bristolfiya:

 

Incapacity benefit is/was a contributions based benefit. For ex incapacity benefit claimants contributions based employment n support allowance, with the work related activity component or at assessment rate, is payable for up to 365 days if there's evidence of limited capability for work. (From a work capability assessment or Med 3 (unfit) notes.) Unfortunately your claim ended when your appeal was dismissed.

 

You'll have received national insurance credits throughout your claim but some paid contributions during recent tax years are necesssary for a further contributions based claim.

 

From what you've written, I'm as confused as you as to why you've received an ESA50. Phone your benefit delivery centre and ask for a callback?

 

Sorry for the sad tidings, Margaret.

Edited February 21, 2013 by **Margaret**

[abc123def]

Are you receiving all other benefits you may be entitled to? You should get child benefit, and working tax credit probably?

[Feebee_71]

Hi,

Thanx for the fast response,

Yes I am married, my husabnd works full time, earning just under 1500 per month.

I have no clue weather I was getting contribution based esa before, I was claiming incapacity benefit previously for nearly 10 years, i was put onto ESA base rate while waitng for my appeal.

Hope this clarifies a little, I appreciate your help

Thanx

 

Hi there, I would think that, with that level of income, your partner might be entitled to some level of tax credits (working/child - possibly both) - they would have to claim as the working partner. Sorry not to be able to help further but others who are more knowledgeable than I will hopefully be along soon!!

 

Feebee_71

[estellyn]

You've received an ESA50 as even though not a claim in payment, your claim (ironically) is now a NI credits only claim, which means NI credits are being paid on your behalf towards your state pension. If you get child benefit for a child under 12, then you already get NI credits as part of child benefit, so you can decide not to continue with your credits only ESA claim if you want to.