ESA NI Loop hole after wrong advice...Help!

My partner has a number of illnesses all of which causes her to have a lack of energy, one of which has been diagnosed as CFS. My Partner has been unwell and incapable of working since 199? and has been in receipt of Incapacity Benefit from 1997. Currently my partner is in the Support Group but unable to claim CB due to NI shortfall and not entitled to any IR as I work to many hours. On the face of it this may seem pretty straight forward but she is unable to claim CB due to a loop hole we have become caught in. This posting is our last hope, if anyone has any advise how we could proceed it would be greatly appreciated, thanks.

1. From 1997 to Feb 2012 - Received Incapacity benefit (One medical assessment was stopped by the assessor after an acknowledgment the level of partners illness was to significant to continue)

2. Feb 2012 - Transferred from IB to ESA and allocated to WRAG without a health assessment

3. Mar 2012 - Attended work focused interview, advised by Job Centre clearly she was to ill to seek work at present, further interviews will be undertaken over the phone (no further calls were ever received)

4. March 2013 - Received letter advising ESA stopped after 365 days (was not aware at this stage what 365 day rule was and received no warning letter)

5. March 2013 to July 2013 - Made three separate visits to two different CAB officers, one visit to a local disability rights organisation and multiple calls to DWP to figure out how my partner could get the opportunity to be reassessed for the SG. Completed numerous forms, wrote and requested up to three requests for reconsideration as a result of deteriorating illness (partly a result of stress caused by loosing her benefit). None were successful.

6. Jul 2013 - Tried writing to local MP

7. Aug 2013 - DWP passed our appeal onto HM Courts & Tribunals Service

8. Sep 2013 - HM Courts & Tribunals Service advised appeal was unsuccessful due to the fact the appeal was lodged after the 13 month time limit irrespective of the circumstances.

9. Sep to Nov 2013 - Submitted further requests and evidence requesting a reconsideration into the SG and continued writing to local MP and DWP via MP, all attempts were unsuccessful

10. Nov 2013 - Received advice from local disability rights organisation to try requesting current ESA claim stopped and closed, pay own NI stamp for three months then reapply for ESA.

11. Dec 2013 - Received letter via MP from DWP advising nothing could be done however some key points were made (1) Those in the Support Group are classed as “The most vulnerable”, (B ) Claimants will be able to re-qualify at any point after their ESA(C) has exhausted if they continue to have (or are treated as having) limited capability for work and their condition deteriorates to such an extent they would be eligible for the SG ,(3) Regrettable that no follow-up interviews were conducted by the Job Centre as this may have been an opportunity to share information about the changes to ESA(C), (i.e. 365 day rule), (4) My partner may not be entitled to ESA(C) unless she is placed in the Support Group. (5) A reconsideration from WRAG to SG can be made at anytime.

12. Mar 2014 - DWP Advised ESA(C) not possible due to insufficient NI contributions. Following three months fresh ESA application submitted (with assistance this time to complete)

13. May 2104 - DWP confirmed partner has been allocated to the SG however ESA(C) not applicable due to insufficient NI contributions. Further DWP letter advising had my partner not followed advice and ceased the original ESA claim she could have continued to receive ESA(C).

14. May 2014 – Aug 2014 Continued to argue with DWP via local MP this loop hole is unfair and that the DWP processes are confusing and misleading

15. Aug 2014 – DWP advised nothing further can be done and that any further correspondences may not be considered or responded too.

16. Contact local disability rights organisation asking for comment, advised try appealing to DWP that had original follow up phone calls been made by the Job Centre confirming my partners inability to work we would have realised we needed to appeal the WRAG decision before the time limit expired. The DWP chose not to respond to this request.

Currently apart from an allowance I give to my partner, her only income is from her DLA. This is transferring to PIP and we have an ATOS healthcare assessment tomorrow. The impact this has had on my partners physical and mental health is significant including suggestions of suicide. This has also effected my mental health and as a partner of a disabled person I do not only feel unsupported by the this government I feel penalised for choosing to have a relationship with a disabled person, ultimately I would be financially better off if I ended the relationship.

Hi Gordon, thanks for your response. Sadly yes, after repeated and unsuccessful attempts to get the DWP to reconsider my partners WRAG status, we took the advice in point 10, not realising the implications this would have.

I guess loop hole is not the correct term, more a systematic failure in our particular set of circumstances or a situation of catch-22. What’s frustrating is after subsequently reapplying for ESA my partner was allocated directly to the SG, had the DWP reassessed the WRAG status as requested it is clear my Partner would have been moved to the SG and then been entitled to ESA(CB). We are in the same position but as a result of the route we took to get here she is not entitled.

Now, as you have acknowledged the only way my partner will be entitled to ESA(CB) is she will have to work for two years but as a result of her illness is incapable of doing so, catch-22.

I guess we just have to accept we are in an unfortunate and unfair position without any form of recourse and in the most part no fault of our own.

I noticed my name and amended it shortly after my first posting, I think its only showing my first name now, thanks.