moved from ESA WRAG to ESA SG, was not paid for 9

Hi
I was on IB for some years, then they moved me to ESA Work Related Activity Group, I couldn't understand what it meant but in Job Centre they said I have to follow what's needed. I'm a disabled person, that year was so stressful and tiring that my health badly deteriorated. After a year they stopped ESA payments. In March 2013 I've send letters and an appeal to them. I stated that they placed me in the wrong group - ESA WRAG instead of ESA SG. Due to their mistake my health was deteriorated; the supportive documents and letters from my GP & consultant were enclosed. I have received a letter in August 2013 that they have not changed their decision. But in November - to my surprise - I've received a letter confirming that I am in Support Group from the end of November 2013. They began to pay ESA again after a break of nine months.
My questions are:
1. Could I ask to be paid for those 9 months?
2. I guess I have not been credited NI for those months.
3. With ESA do they credit 1st class NI? Is there also credits for the second state pension?

Grateful for any relevant information - many thanks

Alex wrote: Hi
I was on IB for some years, then they moved me to ESA Work Related Activity Group, I couldn't understand what it meant but in Job Centre they said I have to follow what's needed. I'm a disabled person, that year was so stressful and tiring that my health badly deteriorated. After a year they stopped ESA payments. In March 2013 I've send letters and an appeal to them. I stated that they placed me in the wrong group - ESA WRAG instead of ESA SG. Due to their mistake my health was deteriorated; the supportive documents and letters from my GP & consultant were enclosed. I have received a letter in August 2013 that they have not changed their decision. But in November - to my surprise - I've received a letter confirming that I am in Support Group from the end of November 2013. They began to pay ESA again after a break of nine months.
My questions are:
1. Could I ask to be paid for those 9 months?
2. I guess I have not been credited NI for those months.
3. With ESA do they credit 1st class NI? Is there also credits for the second state pension?

Grateful for any relevant information - many thanks

Hi A,

If more than 13 months had elapsed since the date that you were originally placed into The WRAG, it would not be possible to make an appeal, as 13 months is the maximum period for a late appeal.

If your "appeal" circa "March 2013" was outside this 13 months limit, it would not be accepted.

It therefore seems that they have treated your "appeal" as a request for a review/supersession instead.

If this is the case, whereas with an appeal the SG decision would have been back dated to the time of the original WRAG award, as this is a superceding decision as a result of a review, your SG payments would only be payable from the date of the superceding SG decision, and not before.

Therefore the answers to your questions are :

1. If as above, "No"

2. Even though your payments of CB ESA in the WRAG had stopped due to exhausting your 365 days entitlement, you should still have been receiving NI Credits which count towards your State Pension only. (and no entitlement to any other benefits)

You could query this with the DWP.

See : 12 Month Limit for ESA(CB)

3. As above, the NI Credits received will only count towards your State Pension.

You will continue to receive your CB ESA in The SG for as long as you remain in The SG.

However, if at some future reassessment you are again placed into The WRAG, your payments of CB ESA will cease once more, as you are only entitled to the 365 days of payment of CB ESA whilst not in The SG, once, and you have already exhausted this.

If this was to be the case, you should then be assessed financially to see whether you were entitled to IR ESA.

24 hour work rule for ESA(IR)

Asset rule for ESA(IR)

This is generally done using an ESA 3 financial assessment form.

bro58