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Break in entitlement
- avril
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3 years 5 months ago #252528 by avril
Break in entitlement was created by avril
Hi, I wonder if anyone can help I was put into the workgrp in ESA so received 365 days contributions ESA at which point as I had a pension I was told it would be NI contributions only. I was then put back into the support group but was told I would have to make a new claim for ESA as the point I was in the workgroup not receiving payment was a break in entitlement. Can you tell me if this is correct as they now want to take my pension into account that was previously disregarded.
Thank you
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- Gordon
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3 years 5 months ago #252543 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Break in entitlement
A
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No, you do not need to make a new claim, in fact, you must not make a new claim as the Tax Years used for your Contributions will have changed and you may no longer qualify for ESA.
However, it is possible that your information has now been deleted from the ESA computer system and you need to complete an ESA1 again, this is the form used to make a new claim.
So, I would use the word "renew" when you contact the DWP and they talk about a new claim, insist that it is not and that you are just reactivating your original one.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
No, you do not need to make a new claim, in fact, you must not make a new claim as the Tax Years used for your Contributions will have changed and you may no longer qualify for ESA.
However, it is possible that your information has now been deleted from the ESA computer system and you need to complete an ESA1 again, this is the form used to make a new claim.
So, I would use the word "renew" when you contact the DWP and they talk about a new claim, insist that it is not and that you are just reactivating your original one.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- avril
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3 years 5 months ago #252602 by avril
Replied by avril on topic Break in entitlement
Thank you for your reply. I was able to re-qualify for ESA (LCWRA) given a re-award at a very low rate as they now say the have to take my pension into account which at transition from IB to ESA was disregarded
They state that the 2008 conversion regulations do not allow for the umbrella of that legislation if there is a break of entitlement of ESA of over 12 weeks ( in my case the break was longer than 12 weeks as i was awarded NI Credits only)
If you could advise if this is correct
Thank you
They state that the 2008 conversion regulations do not allow for the umbrella of that legislation if there is a break of entitlement of ESA of over 12 weeks ( in my case the break was longer than 12 weeks as i was awarded NI Credits only)
If you could advise if this is correct
Thank you
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- Gordon
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3 years 5 months ago #252626 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Break in entitlement
A
I have had a look at the legislation and I think they may be correct but it is still worth your challenging the Decision on the basis that the Tax Years used for this claim are the same as the ones used on your previous entitlement.
NI Credits are not paid as part of an ESA award so there is a break between the two awards.
Gordon
I have had a look at the legislation and I think they may be correct but it is still worth your challenging the Decision on the basis that the Tax Years used for this claim are the same as the ones used on your previous entitlement.
NI Credits are not paid as part of an ESA award so there is a break between the two awards.
Gordon
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- avril
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3 years 5 months ago #252633 by avril
Replied by avril on topic Break in entitlement
Again thank you for your reply, I have been trying to break down the way to deal with this and thought the easiest way would be to prove their was not a break in my entitlement. There is another question if you wouldn't mind answering. I had been on IB but had transferred to Widow's parent allowance so it got a bit complicated. I was awarded a transitional allowance when going to ESA but I am not sure if this had ever been paid. It is showing on the computer sheets as IR transitional so should this have continued in payment after my contributions 365 days had ended even though I did not receive anyother IR ESA.
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- Gordon
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3 years 5 months ago #252635 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Break in entitlement
Avril
They should have calculated whether you also had an entitlement to Income Related ESA when you were transferred to ESA but the disregard of your pension only applies to the Contribution component it would not apply to any Income Related part and your pension would be deducted £ for £ from any ESA(IR) that was payable.
so, in round numbers, any ESA(IR) WRAG entitlement would have been £104/week based on what you have told us or around £440/month, if your pension is more than this then you would have no entitlement to ESA(IR).
Gordon
They should have calculated whether you also had an entitlement to Income Related ESA when you were transferred to ESA but the disregard of your pension only applies to the Contribution component it would not apply to any Income Related part and your pension would be deducted £ for £ from any ESA(IR) that was payable.
so, in round numbers, any ESA(IR) WRAG entitlement would have been £104/week based on what you have told us or around £440/month, if your pension is more than this then you would have no entitlement to ESA(IR).
Gordon
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