ESA, SAR et al.

I have been claiming contribution based JSA since the end of February after being made redundant. If I am unwell after the JSA finishes in August can I claim - in theory - ESA? I would not get any means tested benefits but have recently read ESA can be contribution based. I worked for more than 10 years always over 16 hours a week until Feb this year.

I had a PIP assessment on the 17/03/14 and was granted enhanced mobility with just 6 points in care. Despite 2 requests - 3 weeks apart - for a copy of the ATOS assessment DWP failed to send it so I had to send the mandatory reconsideration without benefit of seeing it. I did put a note on the letter to DWP, as advised on here, that I had been trying to get a copy and would make further comments if I received it. I have now issued a SAR as advised on here (thank you) but my question is if they still won't send the report what else can I do, who else can I ask?

Hi Suze

Just before the 40 days are up send the DWP an ICO threat letter

Bud

Suze wrote: I have been claiming contribution based JSA since the end of February after being made redundant. If I am unwell after the JSA finishes in August can I claim - in theory - ESA? I would not get any means tested benefits but have recently read ESA can be contribution based. I worked for more than 10 years always over 16 hours a week until Feb this year.

I had a PIP assessment on the 17/03/14 and was granted enhanced mobility with just 6 points in care. Despite 2 requests - 3 weeks apart - for a copy of the ATOS assessment DWP failed to send it so I had to send the mandatory reconsideration without benefit of seeing it. I did put a note on the letter to DWP, as advised on here, that I had been trying to get a copy and would make further comments if I received it. I have now issued a SAR as advised on here (thank you) but my question is if they still won't send the report what else can I do, who else can I ask?

Hi S,

ESA can be either Contribution Based (CB) ESA or Income Related (IR) ESA, or a combination of both.

For ESA, you would have to obtain a "fit note" (Med 3) from your G.P., and put a claim in :

www.gov.uk/employment-support-allowance

See also : "Understanding Employment and Support Allowance
Our 42 page introductory guide to ESA."

On this page :

ESA Claims Guides

For ESA claims made after 06/01/14 the relevant years for NI Contributions from employment for deciding whether you would be entitled to CB ESA would be 2011/12 and 2012/13.

Once you made a claim for ESA your NI Contributions would be checked and you would be informed whether or not you were entitled to CB ESA payments.

If you were not entitled to any CB ESA payments, you may be entitled to NI Credits only which would go towards your State Pension.

You say that you would not be entitled to IR ESA.

You should also be aware that even though CB ESA is not means tested, that if you were in receipt of a Works Pension that there is a rule regarding this in that deductions would be made from your CB ESA if your Works Pension exceeded £85/Week

The rule is that any Works Pension in excess of the £85 is deducted from any payments of CB ESA at a rate of 50 pence in the pound.

e.g. Works Pension = £105/Week. Excess of £85 = £20/Week.

50% of £20 = £10.

Therefore, £10/Week would be deducted from any weekly amount of CB ESA that you were entitled to.

Any other household income, earnings of a partner, capital, assets and savings would not be taken into account for CB ESA payments.

If the DWP have failed to comply with a SAR within the 40 days from receipt of The SAR, you could make a complaint to The ICO :

ico.org.uk/for_the_public/personal_information

You could do this in the first instance, or reissue the SAR with the threat of a complaint to ICO for non-compliance :

Sending Documents to the DWP or ATOS

bro58

Thanks very much to both replies.

Are my JSA NI contributions 'used up' and so wouldn't be entitled to CB ESA? Or 'used up' relatively for example I am going to get CB JSA for 6 months and so would only get CB ESA for 6 months?

Suze wrote: Thanks very much to both replies.

Are my JSA NI contributions 'used up' and so wouldn't be entitled to CB ESA? Or 'used up' relatively for example I am going to get CB JSA for 6 months and so would only get CB ESA for 6 months?

Hi S,

It doesn't work that way, it is more complex than that.

They will look at the two relevant years 2011/12 and 2012/13.

The only way to know whether you would be entitled to any CB ESA would be to make a claim.

You have nothing to lose if your CB JSA has run out.

If you were entitled to CB ESA, and were placed into The Support Group (SG) after assessment you would receive payment of CB ESA indefinitely for as long as you remained in The SG.

If you were placed into the WRAG and entitled to CB ESA you would receive this for 365 days.

12 Month Limit for ESA(CB)

bro58