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Ending ESA claim after years

  • panther50
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8 years 6 months ago #142693 by panther50
Ending ESA claim after years was created by panther50
Hi I hope you can help me- you've been very helpful in the past. I have a long term health condition have been in WRAG for years (on IB since 2000) & I'm currently on ESA (CB), but no longer get any benefit paid only NI credits (for past 2 years). After good advice from my Job Centre I've been doing supported Permitted Work for over 1 1/2 years very successfully. I enjoy my job and would like to do more hours now (work is able to offer this).

However, I will earn over £104 allowed, working less than 16 hours week. I really want to do this as 2 shorter days works with my health condition and will be glad to see back of DWP, but I'm tying myself in knots about closing my claim. I've checked everything out. I'll earn just over LEL so will get NI paid/credited through work which should look after my pension. I understand I'll be too short of contributions if I ever need to claim ESA (CB) again as NI ESA benefit credits won't count.

How and when do I need to let the DWP know- I don't want a gap in my NI credits? Do I say I'm closing my claim, but my health condition hasn't changed? I don't know when in month NI is credited, but I'm paid monthly by my work. Can they sanction my NI credits if I break the rules? What's the worst that could happen? Could I tell them just before I get paid over the correct amount? Is there any option for an overlap?

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8 years 6 months ago #142700 by Gordon
Replied by Gordon on topic Ending ESA claim after years
Panther

I'm afraid the legislation is black and white in regard to Permitted Work, you cannot earn over the Upper Limit and remain on ESA, also, in case you are not aware you can only earn over the PW Lower Limit for 52 weeks if you are not in the SG, the 52 weeks starts from the first day that you earn over the limit.

The DWP procedures for paying NI Credits is unclear, as you are not in receipt of any payments it is unlikely that it will be done weekly or even monthly, my (unconfirmed) understanding is that they are processed yearly.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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  • panther50
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8 years 6 months ago #142704 by panther50
Replied by panther50 on topic Ending ESA claim after years
Hi Gordon, Thanks for your reply. Does that mean if I close my claim halfway through the year I'll lose 6 months credits? It's really hard to find out how it works with the NI- I just don't want a gap. I've tried so hard to stay in the system.

I did know about 52 week limit, but the Job Centre told me about Supported Permitted Work (which I didn't know about)- as long as you have a Support Worker (I've got one) you can go on beyond 52 weeks and be in WRAG as long as you stay within permitted work rules.

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8 years 6 months ago #142727 by Gordon
Replied by Gordon on topic Ending ESA claim after years

panther50 wrote: Hi Gordon, Thanks for your reply. Does that mean if I close my claim halfway through the year I'll lose 6 months credits? It's really hard to find out how it works with the NI- I just don't want a gap. I've tried so hard to stay in the system.

I did know about 52 week limit, but the Job Centre told me about Supported Permitted Work (which I didn't know about)- as long as you have a Support Worker (I've got one) you can go on beyond 52 weeks and be in WRAG as long as you stay within permitted work rules.


I'm afraid having a support worker does not mean that you are doing Supported PW.

Even if the DWP only process NI Credits every year you should expect to be paid for any month when you are not claiming ESA.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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8 years 6 months ago #142728 by Gordon
Replied by Gordon on topic Ending ESA claim after years

panther50 wrote: Hi Gordon, Thanks for your reply. Does that mean if I close my claim halfway through the year I'll lose 6 months credits? It's really hard to find out how it works with the NI- I just don't want a gap. I've tried so hard to stay in the system.

I did know about 52 week limit, but the Job Centre told me about Supported Permitted Work (which I didn't know about)- as long as you have a Support Worker (I've got one) you can go on beyond 52 weeks and be in WRAG as long as you stay within permitted work rules.


I'm afraid having a support worker does not mean that you are doing Supported PW.

Even if the DWP only process NI Credits every year you should expect to be paid for any month when you are not claiming ESA.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • panther50
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8 years 6 months ago #143018 by panther50
Replied by panther50 on topic Ending ESA claim after years
Hi thanks for your help Gordon. You were def right about yearly credits I spoke to HMRC NI helpline, they said every year the DWP told them how many weeks credits you qualify for.

Sadly I 'm sure that is the case about a support worker not necessarily meaning it will be supported work.

In my case I applied for Supported Permitted work with my SW and was accepted for it by DWP and fortunately it clearly says on my acceptance letter that this is Permitted Work for an "unlimited period". So there is a way round the 52 week rule.

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