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ESA national insurance credits
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6 years 4 months ago #223336 by ett
ESA national insurance credits was created by ett
Having been on Contributory ESA for the 365 then as I was in the workgroup I only received insurance credits now that I have been put in the support group I have been told by the DWP that an award of National Insurance credits is not an award of ESA and I must make a new claim. Can you tell me if this is correct
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6 years 4 months ago #223342 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA national insurance credits
Ett
Providing you have not broken your ESA claim by working or been found Fit for Work since your ESA(CB) ceased payment then you are entitled to have your ESA(CB) put back into payment if you have been moved to the Support Group.
However, if it has been some time since your ESA(CB) ceased payment then your computer record will have been deleted and the DWP will not have the information to re-create it and this usually means that the claimant needs to complete a new ESA1.
So if you have been asked to complete an ESA1 then this is normal but you should mark it "not a new claim - reinstatement of ESA(CB) payments due to being moved to the Support Group" or something similar
If you have been told that they won't put your ESA(CB) back into payment then you should request an MR of the Decision but come back to the forum first.
Gordon
Providing you have not broken your ESA claim by working or been found Fit for Work since your ESA(CB) ceased payment then you are entitled to have your ESA(CB) put back into payment if you have been moved to the Support Group.
However, if it has been some time since your ESA(CB) ceased payment then your computer record will have been deleted and the DWP will not have the information to re-create it and this usually means that the claimant needs to complete a new ESA1.
So if you have been asked to complete an ESA1 then this is normal but you should mark it "not a new claim - reinstatement of ESA(CB) payments due to being moved to the Support Group" or something similar
If you have been told that they won't put your ESA(CB) back into payment then you should request an MR of the Decision but come back to the forum first.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 4 months ago #223388 by ett
Replied by ett on topic ESA national insurance credits
Thank you for the information. I have done a mandatory reconsideration and they have said because an award of Nationa Insurance credits is not an award of ESA a further claim must be invited. Is there any regulations that I could quote about this as I am now in a Universal Credit area and do not want transferred to this.
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6 years 4 months ago #223398 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA national insurance credits
ett
You don't have to keep repeating your posts they will not appear in the forum until I approve them.
Refer them to Chapter 41 of the Decision Maker's Guide
assets.publishing.service.gov.uk/governm...e/658256/dmgch41.pdf
Paragraphs 41855 onwards and in particular to the example in paragraph 41862.
Gordon
You don't have to keep repeating your posts they will not appear in the forum until I approve them.
Refer them to Chapter 41 of the Decision Maker's Guide
assets.publishing.service.gov.uk/governm...e/658256/dmgch41.pdf
Paragraphs 41855 onwards and in particular to the example in paragraph 41862.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 4 months ago #223402 by ett
Replied by ett on topic ESA national insurance credits
Sorry l didnt see they had to be approved and thought I hadn't sent it. Thank you again for your help.
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