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ESA Fiasco
- Tuliptrees
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5 years 1 week ago #252481 by Tuliptrees
ESA Fiasco was created by Tuliptrees
So my PIP review was refused. I lodged an MR. In the meantime, because I am now penniless, I decided to apply for ESA. At first, my application was acknowledged. Then I got a letter to say I would get £73 pw despite getting a private pension. Then yesterday I get a letter to sorry No payment possible because I have not paid NI contributions 2018/19. So I checked my NI record online and it disagrees. As my husband's carer, I have been getting NI contributions. Of course, now my CA has stopped I no longer get these NI contributions.
Then today I get a Capability for Work questionnaire. Why if they are not going to give me any ESA?
Absolutely. Totally. Confused.
Then today I get a Capability for Work questionnaire. Why if they are not going to give me any ESA?
Absolutely. Totally. Confused.
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- Gordon
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5 years 1 week ago #252495 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Fiasco
Margo
Why has your CA stopped and when did this happen?
Normally ESA claimants have to meet two Contribution Conditions'
The First Condition required the claimant to have a minimum of 26 weeks of NI Contributions in either of the Tax Years 2017-18 and 2018-19 for a claim made in 2020.
The Second Condition requires a minimum of 50 weeks of NI Contributions or NI Credits in both of the Tax Years 2017-18 and 2018-19.
You may be able to override the First Condition if you were claiming CA immediately before you made your claim for ESA and as CA pays Class 1 NI Credits you would be able to meet the second providing you were receiving CA throughout the two Tax Years above.
If a claimant fails to meet the Contribution Conditions there claim can continue and providing they at least meet the criteria for Limited Capability for Work then they can receive Class 1 NI Credits but no money.
Gordon
Why has your CA stopped and when did this happen?
Normally ESA claimants have to meet two Contribution Conditions'
The First Condition required the claimant to have a minimum of 26 weeks of NI Contributions in either of the Tax Years 2017-18 and 2018-19 for a claim made in 2020.
The Second Condition requires a minimum of 50 weeks of NI Contributions or NI Credits in both of the Tax Years 2017-18 and 2018-19.
You may be able to override the First Condition if you were claiming CA immediately before you made your claim for ESA and as CA pays Class 1 NI Credits you would be able to meet the second providing you were receiving CA throughout the two Tax Years above.
If a claimant fails to meet the Contribution Conditions there claim can continue and providing they at least meet the criteria for Limited Capability for Work then they can receive Class 1 NI Credits but no money.
Gordon
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- Tuliptrees
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5 years 1 week ago #252531 by Tuliptrees
Replied by Tuliptrees on topic ESA Fiasco
Gordan, CA stopped 12 October just after housing benefit, cts and PIP. I saw it had been removed in the letter from the district council.
On 6 October CA wrote to my husband to say CA stopped because I no longer got my PIP. They then wrote to me on the 13 October to say that because I was getting ESA I no longer qualified.
After initially saying I qualified for ESA, they wrote to me again on 15 October to say I didn't have the qualifying contributions. (I checked my Gov UK account and I have been credited with NI's for the periods mentioned 2018/19. I thought CA covered NI contributions and I have cared for my husband since 2015. In total, I have 44 years of NI according to Gov UK.
So, I suspect they will claim I made contributions through CA...
I have written to CA (phone lines switched off) on the 21 October telling them I had been refused ESA based on no NI's.
So it seems to me they can stop me claiming any ESA and CA, so I would like to know who is going to care for my husband, or are they prepared to let me do it for nothing after five years?
Sorry, Gordon, I'm just at the end of my tether here.
On 6 October CA wrote to my husband to say CA stopped because I no longer got my PIP. They then wrote to me on the 13 October to say that because I was getting ESA I no longer qualified.
After initially saying I qualified for ESA, they wrote to me again on 15 October to say I didn't have the qualifying contributions. (I checked my Gov UK account and I have been credited with NI's for the periods mentioned 2018/19. I thought CA covered NI contributions and I have cared for my husband since 2015. In total, I have 44 years of NI according to Gov UK.
So, I suspect they will claim I made contributions through CA...
I have written to CA (phone lines switched off) on the 21 October telling them I had been refused ESA based on no NI's.
So it seems to me they can stop me claiming any ESA and CA, so I would like to know who is going to care for my husband, or are they prepared to let me do it for nothing after five years?
Sorry, Gordon, I'm just at the end of my tether here.
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- Gordon
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5 years 1 week ago #252546 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Fiasco
Margo
Forgive me I am confused, are there two CA claims or one as you talk about your CA claim but then say
"CA wrote to my husband to say CA stopped because I no longer got my PIP"
implying that your husband has a CA claim.
Gordon
Forgive me I am confused, are there two CA claims or one as you talk about your CA claim but then say
"CA wrote to my husband to say CA stopped because I no longer got my PIP"
implying that your husband has a CA claim.
Gordon
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- Tuliptrees
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5 years 1 week ago #252563 by Tuliptrees
Replied by Tuliptrees on topic ESA Fiasco
Sorry for the confusion. My husband is 71 now. He applied for CA to help look after me because of my disabilities but because he is over State Pension age they said he did not qualify but got 'underlying entitlement', whatever that is.
In 2015 I applied for CA to look after my husband because of his disabilities (he is on AA and I am 64). Now looking at the letter from the Housing Benefit team that has gone too.
We care for each other and have done since 2015 when I had to stop work for my own health reasons and to care for him.
In 2015 I applied for CA to look after my husband because of his disabilities (he is on AA and I am 64). Now looking at the letter from the Housing Benefit team that has gone too.
We care for each other and have done since 2015 when I had to stop work for my own health reasons and to care for him.
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5 years 1 week ago #252575 by latetrain
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Replied by latetrain on topic ESA Fiasco
Hi Margo
Just because your PIP has stopped, does not stop you claiming CA for looking after your husband, you would still be entitled to claim Carers Allowance (CA).
Your husbands under lying entitlement to CA has stop because your PIP has stopped.
By the sounds of it you need to seek advice from a welfare rights worker who will be able to go over your specific circumstances and give you accurate advice.
Gary
Just because your PIP has stopped, does not stop you claiming CA for looking after your husband, you would still be entitled to claim Carers Allowance (CA).
Your husbands under lying entitlement to CA has stop because your PIP has stopped.
By the sounds of it you need to seek advice from a welfare rights worker who will be able to go over your specific circumstances and give you accurate advice.
Gary
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