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ESA new condition
- KRMCF
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3 years 4 months ago #254087 by KRMCF
ESA new condition was created by KRMCF
Hi in 2017 I migrated to esa I was put in the work related activity group and received payment of benefit for 365 days. My benefit stopped on January 2018, because my husband works and earns morethan£15,000.( £20 k ). At the begging of 2020 I was diagnosed through mri scan that I have osteoarthritis of the hip. I was recently informed that because I had a new condition that I could reapply to be put back on the support group which I had previously been on prior to migration in 2017.
Today I spent over an hour on the phone to DWP. They informed me that I could not apply again to be put in the support group. Any advice would be much appreciated.
Today I spent over an hour on the phone to DWP. They informed me that I could not apply again to be put in the support group. Any advice would be much appreciated.
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- Gary
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3 years 4 months ago #254095 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic ESA new condition
Hi KR
From reading your post, I assume that you were in receipt of WRAG CB ESA.
You cannot make a new claim for legacy ESA, it will be New Style ESA which is a Contribution Based benefit only. You may be able to claim New Style ESA but that would depend on your national insurance contributions.
You can check your National Insurance record on GOV.UK. It will say if you have a 'full year' of contributions, and if this comes from employment, self-employment or National Insurance credits.
www.gov.uk/check-national-insurance-record
Claims are made in the calendar year, there is a rule about when this starts but I'll not confuse you with additional information.
The years used for eligibility are the two complete Tax Years preceding the year of claim.
So for a claim in 2020, the Tax Years that will be used are 2017-18 and 2018-19. The Tax year 2019-20 will not be used and 2020-21 will not be usable until 2022.
For NS ESA you will need to provide evidence that you are no longer Fit for Work.
In order to qualify for the Support Group (LCWRA) you need to;
* meet one or more of the relevant descriptors, or
* meet one of the associated Exceptional Circumstances rules.
The Support Group descriptors and the Exceptional Circumstances are listed in the Claiming ESA guides in the members area.
Gary
From reading your post, I assume that you were in receipt of WRAG CB ESA.
You cannot make a new claim for legacy ESA, it will be New Style ESA which is a Contribution Based benefit only. You may be able to claim New Style ESA but that would depend on your national insurance contributions.
You can check your National Insurance record on GOV.UK. It will say if you have a 'full year' of contributions, and if this comes from employment, self-employment or National Insurance credits.
www.gov.uk/check-national-insurance-record
Claims are made in the calendar year, there is a rule about when this starts but I'll not confuse you with additional information.
The years used for eligibility are the two complete Tax Years preceding the year of claim.
So for a claim in 2020, the Tax Years that will be used are 2017-18 and 2018-19. The Tax year 2019-20 will not be used and 2020-21 will not be usable until 2022.
For NS ESA you will need to provide evidence that you are no longer Fit for Work.
In order to qualify for the Support Group (LCWRA) you need to;
* meet one or more of the relevant descriptors, or
* meet one of the associated Exceptional Circumstances rules.
The Support Group descriptors and the Exceptional Circumstances are listed in the Claiming ESA guides in the members area.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- KRMCF
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3 years 4 months ago #254120 by KRMCF
Replied by KRMCF on topic ESA new condition
Hi Gary,
thanks for the quick response in these times. Regarding national insurance contributions. I have not worked since I became ill with CFS, Fibromyalgia and IBS since 2004. I have looked into NI contributions and I paid full contributions through employment up until 2004 18 years full contribution. When I became ill 2004 DWP paid contributions upto now. I am still unable to work but haven’t received any payment since 2018 but I gather that my stamp is still being paid.
At the moment I am under 3 consultants awaiting tests physio etc. I thought as I have new conditions I would be able to reclaim regarding new conditions. !!!
thanks for the quick response in these times. Regarding national insurance contributions. I have not worked since I became ill with CFS, Fibromyalgia and IBS since 2004. I have looked into NI contributions and I paid full contributions through employment up until 2004 18 years full contribution. When I became ill 2004 DWP paid contributions upto now. I am still unable to work but haven’t received any payment since 2018 but I gather that my stamp is still being paid.
At the moment I am under 3 consultants awaiting tests physio etc. I thought as I have new conditions I would be able to reclaim regarding new conditions. !!!
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- Gary
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3 years 4 months ago #254123 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic ESA new condition
Hi KR
Unfortunately no, The old legacy benefits have gone for new claimants, you would have to claim 'New Style ESA' which is based on you NI contributions as I highlighted below.
If you are not eligible to claim NS ESA then you would have to apply for UC, which is based on your household income.
The only other benefit you may be eligible to claim depending on your age would be PIP.
PIP is not awarded because of the condition but rather the limitations that result and prevent a claimant from completing a range of everyday activities. Have a look at our PIP Claim guide for a better understanding of the criteria you will need to meet.
www.benefitsandwork.co.uk/help-for-claimants/pip
If you have any further questions then please come back to the forum.
Gary
Unfortunately no, The old legacy benefits have gone for new claimants, you would have to claim 'New Style ESA' which is based on you NI contributions as I highlighted below.
If you are not eligible to claim NS ESA then you would have to apply for UC, which is based on your household income.
The only other benefit you may be eligible to claim depending on your age would be PIP.
PIP is not awarded because of the condition but rather the limitations that result and prevent a claimant from completing a range of everyday activities. Have a look at our PIP Claim guide for a better understanding of the criteria you will need to meet.
www.benefitsandwork.co.uk/help-for-claimants/pip
If you have any further questions then please come back to the forum.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- KRMCF
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3 years 2 months ago #255213 by KRMCF
Replied by KRMCF on topic ESA new condition
Hi Gary I have paid national insurance credits. Does that mean I can claim new style esa.
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- KRMCF
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3 years 2 months ago #255214 by KRMCF
Replied by KRMCF on topic ESA new condition
Hi I was just wondering if I can claim new style ESA. I have received National insurance credits since I was moved from Support group to WRAG. My husband works so I don’t receive any payment just national insurance credits since 2018.
Can I claim new style ESA and try and get in the support group again .
Can I claim new style ESA and try and get in the support group again .
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