ESA payment stopped

Hello all
It has been quite some time since my last visit. I have been a member for quite some time.
On Saturday I received letter from DWP stopping ESA payments, reason given is:
This assessment is based on you national insurance contributions.
I have been on IB since 1995 and transferred onto ESA in 2012.
During my time on IB it was stopped three times each time was reinstated after successful appeal/s.
I have written asking for a mandatory reconsideration also quoting from at seven reassessment notices we will continue to credit you with national insurance contributions while you get IB. The same was quoted in 2012 notice after migrating to ESA.
I am frankly at a loss to understand the reason. I am due for reassessment in February next year, I am in the CB support group.
I can't provide any evidence at all as at this time as it is solely national insurance contribution record.
If the DWP who pay the benefit also deal with national insurance records or am I missing something.
Any thoughts.
Without this site I think it would be impossible for the sick and disabled to understand the benefit system to get what they may be entitled to. I for one think you do a lot for us and it is really appreciated.
Thank you Mods.

Hi gma,

The law was changed several years ago so that contributory ESA is time limited to 365 days for claimants in the WRAG, irrespective of how many years worth of NI contributions have been made.

12 Month Limit for ESA(CB)

NI credits, paid whilst in IB, ESA etc, count only towards your State Retirement Pension, it does not entitle you to further contributaory benefits. As IB was originally awarded based on NI contributions, all claimants on IB were switched to contributory ESA.

I'm afraid that you cannot appeal against the ceasation of your ESA due to time-limiting. As I said, this is now law. However, if it is still less than 13 months since the decision to award your ESA WRAG, you can submit a late claim against that decision. The 13 month restriction is absolute. Have a look at our ESA claim guides and FAQs. You should also look at the Support group descriptors as satisfying one of these is the only way you can gain access to the Support Group. If you decide to submit a late appeal, you will have to show that you satisfied that descriptor on the date the decision was made to put you into the WRAG.

Appeals FAQs

Qualifying for the Support Group

ESA claims and appeals

If you feel that you did not meet the Support Group criteria when the decision was made, but that your condition has since worsened so that you meet them now, you could contact DWP anjd ask for your claim to be reassessed. The onus would be on you to show that your condition has deteriorated since that decision.

No ESA will be paid until/unless you are put into the Support Group, either at appeal or a future reassessment - unless you have no other household income, when it might be that you are entitled to income-related ESA. If you think that is the case you should contact DWP and ask for an ESA3 form to assess your income and assets.

If you decide to appeal, ot have any further questions, please come back to this topic and we will gladly give you further information.

Gma,

I have just noticed that you said you were in the Support Group - in which case your ESA is not time limited and you should contact DWP about this.

Hello again.
I have asked for a reconsideration.
What I don't understand the letter states reason for stopping payment from 16 01 14.
(Assessment based on national insurance contribution records.)
Further into the letter they say
(We will credit you with national insurance ccontributions while claiming ESA )
very confusing.

When I was transferred to ESA in 2012 put into support group without a medical.
The award letter then said that
(we will continue to credit you with national insurance contributions while you get ESA these credits can help you to qualify for benefits in the future, including your state pension.)

One of the times my IB was stopped and waiting to go to appeal it dragged on for 34months before it was resolved. I got a letter from HM Revenue around 2007 telling me there was a gap in contributions, when I explained my circumstances about going to appeal they said they would sort it out.
Sorry for going on to much.
Thank you for your help.

gma001 wrote: Hello again.
I have asked for a reconsideration.
What I don't understand the letter states reason for stopping payment from 16 01 14.
(Assessment based on national insurance contribution records.)
Further into the letter they say
(We will credit you with national insurance contributions while claiming ESA )
very confusing.

When I was transferred to ESA in 2012 put into support group without a medical.
The award letter then said that
(we will continue to credit you with national insurance contributions while you get ESA these credits can help you to qualify for benefits in the future, including your state pension.)

One of the times my IB was stopped and waiting to go to appeal it dragged on for 34months before it was resolved. I got a letter from HM Revenue around 2007 telling me there was a gap in contributions, when I explained my circumstances about going to appeal they said they would sort it out.
Sorry for going on to much.
Thank you for your help.

Hi gma001,

If the mix up regarding the missing NI Credits, whilst appealing your IB was around 2007, this should not have any bearing on your entitlement to CB ESA now.

As of the 5th January 2014 , the relevant qualifying years that would be taken into account regarding NI Credits/Contributions would be 2011/12 and 2012/13.

Further, if you were in receipt of IB circa 2012, when you were migrated to ESA in The SG, then it would seem that any mix up regarding NI Credits circa 2007 had been sorted out.

You need to get clarification on why they have stopped your CB ESA.

As previously stated, time spent in The SG in receipt of CB ESA does not count against your 365 days entitlement to payment of CB ESA :

12 Month Limit for ESA(CB)

As it seems that you were in receipt of IB prior to your transfer in 2012, there should not be an issue with your NI Credits, and continued payment of CB ESA whilst you remain in The SG.

If you have only ever been in receipt of CB ESA in The SG, you should still have your full 365 days entitlement, which would be payable if you were placed into The WRAG at your next reassessment, or at some future reassessment.

It may help if you send The DWP a copy of your SG award letter from 2012, querying why your payments have ceased.

"(We will credit you with national insurance contributions while claiming ESA )"

This is what happens when you are not entitled to payment of CB ESA, you have a nil payment, but The DWP continue to give you NI Credits, which only go towards your State Pension.

One would expect this, after spending 365 days in The WRAG in receipt of CB ESA.

If for any reason it is proven that you are not entitled to CB ESA, you may still be entitled to IR ESA.

You would need to be financially assessed using an ESA 3 Form.

24 hour work rule for ESA(IR)

Asset rule for ESA(IR)

For IR ESA purposes, savings and assets of less than £6000 should not affect your benefit.

Savings and assets over £6000 will result in a £1/week deduction for every £250 in excess.

Savings and assets in excess of £16,000 will remove eligibility for IR ESA.

bro58

Hi bro58
Thank you for your helpful information which I will use.
I have managed to get a home visit from cab welfare officer set up for Thursday so hopefully will get plenty information in the post by the weekend.
I will keep you posted as it may help others in my position.
I am no stranger to Tribunals (3 in total, all won with success) to date and possibly number 4 looms ahead.
Appeals are normally for health issues.
Thank you.
Gma001