Benefit query

My friend was on IB, migrated to ESA Contribution Based under WRAG her 365 days ended now she is receiving National Insurance Contribution credits, can someone please explain what it is and how long it's for?

Is that a contribution benefit or non contribution benefit?


Thanks in advance

Marie

Marie wrote: My friend was on IB, migrated to ESA Contribution Based under WRAG her 365 days ended now she is receiving National Insurance Contribution credits, can someone please explain what it is and how long it's for?

Is that a contribution benefit or non contribution benefit?


Thanks in advance

Marie

Hi M,

As your friend was entitled to payment of Contribution Based (CB) ESA in The WRAG (Whilst not in The Support Group (SG) ) she was only entitled to 365 days payment.

See : 12 Month Limit for ESA(CB)

Once the 365 days payment of CB ESA have been exhausted, payments of CB ESA cease.

Your friend should then be financially assessed to see whether they can pass the means test with respect to capital, assets, savings, household income and any hours worked by a partner if they have one, for entitlement to payment of Income Related (IR) ESA.

See : Asset rule for ESA(IR)

&

24 hour work rule for ESA(IR)

This would generally involve filling in an ESA 3 Financial Assessment Form for The DWP : Sample ESA 3 Form

If after being financially assessed your friend has no entitlement to IR ESA payments, all payments will cease.

Even though your friend will still be classed as having Limited Capability for Work, (LCW) and still a member of The WRAG of ESA, she will only be entitled to what is know as a WRAG award payable at "nil rate".

i.e. She will not receive any monetary payments, but will receive National Insurance (NI) Credits (Stamps) which will go towards her entitlement to a State Pension when she reaches State Pension Age.

She will still have to comply with periodic reassessments, which would involve filling in a new ESA50 Questionnaire, and the possibility of a "Medical", but she does not have to take part in any Work Related Activity (WRA) or Work Focused Interviews (WFI) whilst in receipts of NI Credits only.

If as a result of one of the these periodic reassessments she is placed into the SG, payment of CB ESA would be reinstated and remain in payment for as ong as she remained in The SG.

If your friends medical condition/s and resulting limitations change or deteriorate to such an extent (and she can provide documented evidence of this) that she qualifies for The SG, she can request a Supersession/Review of the WRAG award, which again would probably involve a new ESA50, etc.

If as a result of her request for a review, which would be classed as her reporting a Change in Circumstances, (C in C) she is placed into The SG, again payments of CB ESA would be reinstated.

Besides, the above, the only other way that she would again be entitled to payment of CB ESA would be to gain the necessary number of National Insurance Contributions from employment.

Have a look at a similar post of mine, and the link to another post therein : Here.

I hope that clarifies the issue for you.

bro58

Hi M,

I think that you are somewhat confused !

"Is that a contribution benefit or non contribution benefit?"

NI Credits are simply a weekly NI "Credit/Stamp" that goes towards your State Pension.

You receive NI Credits with ESA, whether it be CB ESA, IR ESA, or indeed a "nil rate" award of ESA when your 365 days entitlement to CB ESA has been exhausted and you are not entitled to any IR ESA.

For ESA to be in payment whilst in The WRAG after exhausting the 365 days entitlement to payment of CB ESA, one would have to pass the means test for entitlement to payment of IR ESA.

bro58

bro58 wrote:

Marie wrote: My friend was on IB, migrated to ESA Contribution Based under WRAG her 365 days ended now she is receiving National Insurance Contribution credits, can someone please explain what it is and how long it's for?

Is that a contribution benefit or non contribution benefit?


Thanks in advance

Marie

Hi M,

As your friend was entitled to payment of Contribution Based (CB) ESA in The WRAG (Whilst not in The Support Group (SG) ) she was only entitled to 365 days payment.

See : 12 Month Limit for ESA(CB)

Once the 365 days payment of CB ESA have been exhausted, payments of CB ESA cease.

Your friend should then be financially assessed to see whether they can pass the means test with respect to capital, assets, savings, household income and any hours worked by a partner if they have one, for entitlement to payment of Income Related (IR) ESA.

That did not happen her benefit just stopped and she did not receive any letter from the dwp in advance to warn her that her benefit will ceased nor was inform what she need to do when her ESA CB runs out

See : Asset rule for ESA(IR)

&

24 hour work rule for ESA(IR)

This would generally involve filling in an ESA 3 Financial Assessment Form for The DWP : Sample ESA 3 Form

I filled in the ESA3 for her sent it off

If after being financially assessed your friend has no entitlement to IR ESA payments, all payments will cease.

She was never assessed nor received any letter from the DWP giving the reasons why she is not entitled to esa income related, one person said she is entitled to ESA Income Related but her ESA award letter says We will credit you with National Insurance Contributions while Claiming ESA Please could you advice does that mean she is in receipt of ESA be it the National Insurance Contributions ESA? She and I both are not sure at all what benefit she is receiving

Even though your friend will still be classed as having Limited Capability for Work, (LCW) and still a member of The WRAG of ESA, she will only be entitled to what is know as a WRAG award payable at "nil rate".

i.e. She will not receive any monetary payments, but will receive National Insurance (NI) Credits (Stamps) which will go towards her entitlement to a State Pension when she reaches State Pension Age.

Sorry very confused here because letters says National Insurance Contributions while claiming ESA is that a type of ESA benefit or nothing to do with ESA benefit at all?

She will still have to comply with periodic reassessments, which would involve filling in a new ESA50 Questionnaire, and the possibility of a "Medical", but she does not have to take part in any Work Related Activity (WRA) or Work Focused Interviews (WFI) whilst in receipts of NI Credits only.

The ESA50 has already been filled and sent to ATOS. Please I beg of you, are you 100% sure my friend do not need to take part in any Work Related Activity Group or Work-Focused Interviews whilst in receipts of NI Credits because she has been asked to attend a Work-Focus Interviews, in the letters it says if she does not attend the (WFI) her benefit will stop. Please could you tell me what guidance says so. I am not saying you are wrong, I just want to make sure it is 100% correct so that I can write to the DWP and tell them that my friend do not need to attend the (WFI) as stated under the DWP Guidance I hope you understand.

The DWP has cancelled the (WFI) 6 times and keep re-scheduling the (WFI) which has thrown my friend right off she suffers from mental illness and depression already. For your information she has been referred to the Fraud Compliance Officer, that officer is the one who keep cancelling and re-scheduling the (WFI) when I asked her for the Adviser's full name the lady who will be doing the (WFI) the Fraud officer refused and told me she doesn't know the lady's full name even though she is the one getting in touch with the adviser when she keep cancelling the (WFI) appointment

If as a result of one of the these periodic reassessments she is placed into the SG, payment of CB ESA would be reinstated and remain in payment for as ong as she remained in The SG.

If your friends medical condition/s and resulting limitations change or deteriorate to such an extent (and she can provide documented evidence of this) that she qualifies for The SG, she can request a Supersession/Review of the WRAG award, which again would probably involve a new ESA50, etc.

If as a result of her request for a review, which would be classed as her reporting a Change in Circumstances, (C in C) she is placed into The SG, again payments of CB ESA would be reinstated.

The only changes is that her ESA CB has ceased saying all that her hearing has detoriated, she can barely hear us even though we are only steps away from her, she had a telephone call from the hospital for a ear,throat,chest. It's not worth the hassle to inform the DWP of her hearing just yet as she suffered enough with the DWP

Besides, the above, the only other way that she would again be entitled to payment of CB ESA would be to gain the necessary number of National Insurance Contributions from employment.

Confused sorry it's not you it's both of us so tired, stressed, ill with the DWP, we are just burned out

Have a look at a similar post of mine, and the link to another post therein : Here.

Thank you I read that with interest quiet similar to my friend.

I hope that clarifies the issue for you.

One more question please is the National Insurance Contribution Credit ESA a Contribution-Based benefit or a 'Non Contribution-Based' ESA


I thank you for your reply appreciate your help and advice.

bro58

bro58 wrote: Hi M,

I think that you are somewhat confused !

Yes I am confused perhaps because I am tired the way the DWP is treating my friend

"Is that a contribution benefit or non contribution benefit?"

NI Credits are simply a weekly NI "Credit/Stamp" that goes towards your State Pension.

You receive NI Credits with ESA, whether it be CB ESA, IR ESA, or indeed a "nil rate" award of ESA when your 365 days entitlement to CB ESA has been exhausted and you are not entitled to any IR ESA.

The DWP has not say what type of ESA benefit that's why our confusions the letter just says:-
We will credit you with National Insurance Contributions while claiming Employment and Support Allowance . There is nothing in the letters about ESA Income-Related whether she is entitled or not.

For ESA to be in payment whilst in The WRAG after exhausting the 365 days entitlement to payment of CB ESA, one would have to pass the means test for entitlement to payment of IR ESA.

Mean tested as in savings? or money coming in the DWP has been made aware of my friend financial, she has no savings what so ever just her work pension of £60 a week which I saw in your post to the other poster if her pension exceed the amount of £85 or if she is in receipt of ESA IR she then have to pay £ for £ etc.

Thank you again

bro58

Hi M,

I will try to answer your queries.

"That did not happen her benefit just stopped and she did not receive any letter from the dwp in advance to warn her that her benefit will ceased nor was inform what she need to do when her ESA CB runs out"

Although it was originally stated that CB ESA recipients who were not in The SG would be given prior notice that payment of their CB ESA was due to cease 8 weeks before the end date of the 365 days entitlement period, we have seen that in a many of these cases, the claimant did not receive any such notice and an invitation to be financially assessed for entitlement to IR ESA payments, see :

12 Month Limit for ESA(CB) – Implementation


"I filled in the ESA3 for her sent it off"

Did you keep a copy of the ESA3 and any covering letter ?, do you have proof of posting and delivery ? :

Sending Documents to the DWP or ATOS

"She was never assessed nor received any letter from the DWP giving the reasons why she is not entitled to esa income related, one person said she is entitled to ESA Income Related but her ESA award letter says We will credit you with National Insurance Contributions while Claiming ESA Please could you advice does that mean she is in receipt of ESA be it the National Insurance Contributions ESA? She and I both are not sure at all what benefit she is receiving"

You should have received written notification of a decision on whether she was entitled to payments of IR ESA, or not.

Do you think that your friend passes the means test for entitlement to payment of IR ESA ?

Is your friend receiving any Monetary Payments of ESA ?, if she is, and she is still in The WRAG, then these "Payments" must be IR ESA.

"We will credit you with National Insurance Contributions while Claiming ESA"

I have explained this in my previous post : Here.

You get NI Credits whether you are being paid CB ESA, IR ESA, or you are receiving no payments, therefore have a "nil rate" award.

Even though you may have a "nil rate" award, you are still classed as having an active ESA Claim, you therefore receive NI Credits which go towards your State Pension, see :

www.gov.uk/state-pension/eligibility

"Sorry very confused here because letters says National Insurance Contributions while claiming ESA is that a type of ESA benefit or nothing to do with ESA benefit at all? "

Explained above, these NI Credits are not payment of monies, they are credits/stamps that go towards your State Pension eligibility and entitlement.

This is standard terminology that is used in ESA letters.

"The ESA50 has already been filled and sent to ATOS. Please I beg of you, are you 100% sure my friend do not need to take part in any Work Related Activity Group or Work-Focused Interviews whilst in receipts of NI Credits because she has been asked to attend a Work-Focus Interviews, in the letters it says if she does not attend the (WFI) her benefit will stop. Please could you tell me what guidance says so. I am not saying you are wrong, I just want to make sure it is 100% correct so that I can write to the DWP and tell them that my friend do not need to attend the (WFI) as stated under the DWP Guidance I hope you understand."


If your friend is definately not in receipt of any ESA Monetary Payments and is being credited with NI Credits only, then they do not have to comply with any type of WRA or WFI.

This is confirmed in the following :

DWP Decision Makers Guide (DMG) Chapter 53 53014. 4.

53014 The conditions1 referred to in DMG 53013 are that the claimant is

1. entitled to ESA or an advance award of ESA2 has been made (DMG 53200 et seq)

and

2. not a member of the support group

and

3. under the age at which a woman of the same age as the claimant attains pensionable age (see DMG Chapter 75) and

#4. not a person who is only entitled to ESA(Cont) payable at nil rate#

5. not a lone parent who is responsible for and a member of the same household
as a child aged under one.


From :

DM Guide CH 53.

See also : ESA Regulation 54 (2) (d)

"54. (2) (d) : "is not only entitled to a contributory allowance payable at a nil rate."

As you don’t have to comply with WFI’s you don’t have to comply with WRA either.

You do seem very, very confused regarding these issues.

I would not want to advise your friend not to comply with WRA or a WFI if they were not in receipt of a "nil rate" ESA award, (No payments) as this could result in sanctioning of any payments that she is in receipt of.

Changes to ESA Sanctions

It may be best if you contact The Job Centre Plus Adviser and inform them of the relevant DM Guide Advice and ESA Reg 54 (2) (d), and ask them whether they still insist that the Interview is "Mandatory" under threat of sanction for non compliance.

If you still have any doubts you should really obtain professional face to face advice :

Where to get advice

Or try putting Welfare Rights/Advice for your Town/Postcode into Google.

You may also want to read through our : ESA Claims Guides, and our : ESA FAQ’s

Please reply to this topic if you have any further queries.

bro58