ESA medical should I bother

I received Contributions based ESA for three years until it was stopped at the end of April this year due to the new 365 day time limiting contributions based ESA.

After receiving an unexpected Atos work capability assessment form I queried why with the DWP. The DWP informed me that although they were no longer paying me they had left my claim "open" and continued to credit me with N.I.C. They said I should complete the atos form, this I did and I sent it to them. I need advise on how to get the DWP to close my claim:-

Meanwhile I contacted HMRC to find out that at 57 I have enough NIC contributions already paid from when I worked (full time from 16-54) to qualify me for the state pension at 66.I cannot see any other contributions based benefit I can claim in the future, so to me the importance of the DWP continuing to pay my NIC I wonder is it that important?

Today I received an Atos medical request, for me to attend a centre in another county 70 miles from my home involving three methods of public transport. I have Rheumatoid Arthritis, Osteoarthritis and balance issues following a brain aneurysm some years ago. Their call centre is so unhelpful, I have got no where with them. My memories of my last Atos medical are not good. I am now considering telling them to close my claim (I already thought I had done this back in April but they seem to have taken no notice, as it seems an awful lot to put myself through just to get N.I. credits when I have enough credits for the only benefit I can claim (state pension) in nine years time!.

I also claim DLA and I have to take into consideration they may use this ESA medical to reduce or stop my DLA.

If I was to get them to close my ESA claim, how do I do it, I have previously told them and they take no notice, just keep it open,say they are crediting my Nat ins. and send me for medicals! Thanks in advance lizzie

Hi Lizzie,

ESA is not my field of expertise, but I do know quite a bit about N.I. contributions.

Before the rules were changed in 2010/11 in relation to N.I. contributions, to receive a full State Retirement Pension, a man had to have paid or be credited with N.I. contributions for a period of 44 years, whilst a woman only had to have 39 years.

It has of course now been reduced to 30 years of N.I. contributions or credits for both men and women.

As you've already had 1 year of ESA (CB) I cannot see any advantage in you continuing to claim ESA. My understanding is that to close a claim for any Social Security Benefit you just tell DWP you no longer want to claim. In my opinion as a former WRO and DLA Tribunal, closing an ESA claim does not mean you will lose your DLA award, since DLA is paid for any care and/or mobility needs you have, whilst ESA is paid because you are unfit to work.

We have had a few members who've posted about losing their DLA also after an ESA medical, but you are choosing just not to claim ESA, so the DWP cannot force you to have a medical.

As you've already paid sufficient N.I contributions to qualify you for State Retirement Pension at 66, I cannot see any advantage in just claiming ESA just to get N.I. credits. If your condition(s) worsen, you can make a new ESA claim on the grounds of deterioration.

See this link Do you need to top up your National Insurance contributions?

However, if possible I would advise that you see a Benefits Adviser or WRO, as there is nothing to beat 'face to face' advice.

Hope this helps.

Jim