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ESA problems :(

 Ive been on dla / pip since 2013 due to disabilities and illness, I applied for ESA and passed the medical assessment, but Ive received a letter saying my national insurance contributions for the year 2016 - 2017 aren't sufficient for me to receive benefit, what do i do now? any advice would be great.... thanks.

Replies

  • poppy123456poppy123456 Posts: 7,169Member, Community champion Brian Blessed
    edited February 10
    Hi,

    It sounds like you've been placed into the WRAG which means that Contributions based is only paid for 365 days. Do you live with a partner that works? Receive any ill health pensions?
  • MichaelKeaneyMichaelKeaney Posts: 11Member Listener
    I live at home with my mother just, and am single. All i receive at the moment is pip at the higher rate for both components. thanks for the reply.
  • poppy123456poppy123456 Posts: 7,169Member, Community champion Brian Blessed
    edited February 10
     When did you start your claim and was it New style ESA that you claimed? or the old Contributions based? There's a difference in the 2 so it would be helpful if you knew which one so i can advise you correctly. Also, have you ever been paid any ESA?
  • MichaelKeaneyMichaelKeaney Posts: 11Member Listener
    This is my first time to claim ESA, new style ESA i assume, as i got the decision this week, Ive received credits the last 5 years due to being on dla / pip.
  • poppy123456poppy123456 Posts: 7,169Member, Community champion Brian Blessed
    You've claimed the wrong benefit. To claim New style ESA you need to have worked and paid enough NI contributions in the previous 2 years before your claim started.

    You say you've had your work capability assessment? When did you actually start your ESA claim, was it recently?

    You won't receive NI credits towards your state pension from claiming DLA/PIP, i'm afraid.

    What you should have claimed instead is Universal Credit. This is a means tested benefit and has replaced Income related ESA/JSA/Income Support, housing benefit and tax credits. All areas are now a full UC area and you can't start a new claim for any of the old income related benefits.
  • MichaelKeaneyMichaelKeaney Posts: 11Member Listener
    I checked with GOV.CO.UK and it shows i have credits for the last 5 years, I started the claim in November 2018 and only got the work capability test 2 weeks ago, which i passed. 
  • poppy123456poppy123456 Posts: 7,169Member, Community champion Brian Blessed
    The reason why you have never received an money is because National Insurance credits are towards your state pension only. They are not for claiming New style Contributions based ESA. You need to have worked in the previous 2 tax years to be able to receive any money.


    This was taken from this link. Take note of the first condition.
    • First contribution condition - in one of the last two complete tax years, you must have paid Class 1 or 2 contributions on relevant earnings at the lower earnings limit for at least 26 weeks. This means you must have worked for at least 26 weeks of the last two complete tax years; and
    • Second contribution condition - in both of the last two complete tax years, you must have paid or been credited with, Class 1 or 2 contributions to the value of 50 times the lower earnings limit.

    What you should have claimed was Universal credit.



  • MichaelKeaneyMichaelKeaney Posts: 11Member Listener
    Think i will go to the citizens advice bureau, I have no idea about benefits really, as i worked most of my life, so tough now living on just pip money.
  • poppy123456poppy123456 Posts: 7,169Member, Community champion Brian Blessed
    UC can be claimed online. Savings and capital are counted when claiming a means tested benefit.  £6,000 and over will affect the amount you can claim by £1 for every £250 over that amount. Anything £16,000 and over and you won't be able to claim any means tested benefits.

    DWP may honour the ESA decision and place you into the relevant group you were just placed into but this will depend on whether there's a gap in your claim, if it's more than 1 month then they may not honour that decision.

    Which group were you placed into for ESA?


  • MichaelKeaneyMichaelKeaney Posts: 11Member Listener
    It doesn't say what group on the letter i received.
  • poppy123456poppy123456 Posts: 7,169Member, Community champion Brian Blessed
    Does it say Limited capability for work (LCW) or Limited capability for work related activity (LCWRA) Either way, it's UC you should have claimed. I'd advise you to speak to a local advice centre near you for help with all of this.
  • MichaelKeaneyMichaelKeaney Posts: 11Member Listener
    Says neither, dunno why they strung me along for months filling forms and a work capability assessment, so annoyed!!!   :(
  • poppy123456poppy123456 Posts: 7,169Member, Community champion Brian Blessed
    I don't understand why you were claiming it to start with because you're not entitled to claim it. May i ask what you were claiming before or were you working as well as claiming DLA/PIP?
  • MichaelKeaneyMichaelKeaney Posts: 11Member Listener
    Just dla / pip the last 5 years, Im unable to work.
  • MichaelKeaneyMichaelKeaney Posts: 11Member Listener
    Im in Northern Ireland, by the way.
  • poppy123456poppy123456 Posts: 7,169Member, Community champion Brian Blessed
    I don't understand how you've got NI credits because DLA/PIP don't pay any NI credits towards your state pension and they never have.

    You'll need to check to see if it's possible to claim Income related ESA over there. It's not possible here in the UK because all areas are a full Universal credit area. But you've definitely claimed the wrong benefit.
  • MichaelKeaneyMichaelKeaney Posts: 11Member Listener
    I filled out the online application for universal credit today, fingers crossed that will work out ok.
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