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TOPIC: Won ESA tribunal but refused ESA

Won ESA tribunal but refused ESA 7 years 9 months ago #76354

  • Molly21
I had my ESA Tribunal on November 2nd 2011 and was awarded 24 points ATOS awarded me zero points. At the Tribunal I was told that I qualified for ESA

I spoke with someone at the Clydebank DWP office last week and was told that my claim was being processed and I would receive all money backdated to January 2010

I have received a letter today from DWP telling me that They cannot pay me because I have not paid enough NI.

I applied for ESA in January 2010 and have not received a penny in benefits even although I qualify on the grounds on Low/no Income and have won a Tribunal

I don't know what to do can anyone offer me advice?

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Re:Won ESA tribunal but refused ESA 7 years 9 months ago #76357

From what you have said you may be entitled to income-based ESA provided you meet all the conditions of entitlement, if you cannot be awarded contribution-based ESA because of an incomplete NI contribution record. See Income rule for ESA(IR). and Asset rule for ESA(IR).

If you think that you may qualify for ESA(IR) you should inform the DWP office at Clydebank.

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: by Crazydiamond.

Re:Won ESA tribunal but refused ESA 7 years 9 months ago #76804

  • Molly21
I went to my GP yesterday and she told me that she had a letter from the DWP saying that she did not have to provide me with any more certificates as I had been awarded ESA.
This letter was written on the same day and has the same yours sincerely name on it as the one I received telling me that they were NOT awarding me ESA.
They say that they are working from my records 2008/2009 and that I did not pay enough NI. I have paid my NI contributions based on my very low income for the year so I am totally confused.
I applied for ESA in January 2010 and eventually had my tribunal November 2011 where I went from zero points to 24 and won my case.
I really do not know what to do now this whole process is just so confusing and stressful.

I wish everyone well
Molly21

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Re:Won ESA tribunal but refused ESA 7 years 9 months ago #76806

Molly

Qualifying for ESA(CB) is quite complicated, so I'll not try and explain all of the rules, not sure that I could anyway :)

It is not enough to have paid NI during the years in question, you need to have acquired sufficient qualifying records as well, so it is possible that you did pay enough NI and this is why you have been denied ESA(CB).

Why this was not resolved when you originally applied for ESA, is another matter and may be something you wish to complain about, see

Complaining to the DWP

Even though you have not qualified for ESA(CB), it is possible that you meet the requirements for ESA(IR) and that your claim can be processed on this basis, see

24 hour work rule for ESA(IR)

Asset rule for ESA(IR)

Income rule for ESA(IR)

You need to contact your DWP office, to find out what is going on and to see whether you can claim ESA(IR).

Good luck

Gordon

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

Re:Won ESA tribunal but refused ESA 7 years 8 months ago #78650

  • Molly21
I thought I would give an update on what is happening now.

Even although I meet the criteria for income based ESA I have continualy been told that I have not paide enough NI contributions. I decided to pay my NI contributions even although I have an exemption as my income was/is below the threshold.

However because I have apparently now made a 'late payment' the DWP are now saying that they will pay me ESA but not until February 2012.

My initial claim went into the DWP in January 2010 and I have been trying to get this benefit since then.

My Tribunal was on November 2nd 2011 and I went from zero points to twenty four points at the Tribunal.

I was awarded ESA at the Tribunal but the DWP have denied it to me.

I sopke to both the Tribunal services and the DWP Ombudsman today and they were both very surprised that I have not been given any money.

The man from the Tribunal services told me that he had only ever heard of this happening to one other person and the Ombudsman told me to take a letter of complaint to the Jobcentre.

I told him that I had already written several letters to the Jobcentre but apparently you have to write FORMAL COMPLAINT in caps on your letter or it will not be taken seriously.

I cannot believe that I have been trying to obtain this benefit for two years now
I am seriously considering going to the media as a last resort.
Kind reagrds
Molly

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Re:Won ESA tribunal but refused ESA 7 years 8 months ago #78651

  • bro58
Molly21 wrote:

I thought I would give an update on what is happening now.

Even although I meet the criteria for income based ESA I have continualy been told that I have not paide enough NI contributions. I decided to pay my NI contributions even although I have an exemption as my income was/is below the threshold.

However because I have apparently now made a 'late payment' the DWP are now saying that they will pay me ESA but not until February 2012.

My initial claim went into the DWP in January 2010 and I have been trying to get this benefit since then.

My Tribunal was on November 2nd 2011 and I went from zero points to twenty four points at the Tribunal.

I was awarded ESA at the Tribunal but the DWP have denied it to me.

I sopke to both the Tribunal services and the DWP Ombudsman today and they were both very surprised that I have not been given any money.

The man from the Tribunal services told me that he had only ever heard of this happening to one other person and the Ombudsman told me to take a letter of complaint to the Jobcentre.

I told him that I had already written several letters to the Jobcentre but apparently you have to write FORMAL COMPLAINT in caps on your letter or it will not be taken seriously.

I cannot believe that I have been trying to obtain this benefit for two years now
I am seriously considering going to the media as a last resort.
Kind reagrds
Molly


Hi M21,

You don't need the necessary amount of NI Contributions to be entitled to Income Based(Income Related)ESA, you only need said contributions to be entitled to Contributary ESA.

bro58

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