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ESA credits only???
Is there such a thing?
My client currently receives DLA HRM/LRC. She would not qualify for any ESA because has not made sufficient NI contributions for contribution based and has a large amount of capital following a compensation payment (not held in trust fund, client lives off the interest) for income based. I cannot seem to find much info in CPAG/DRH on the possibility of being credited with contributions to protect her pension in the absence of actually receiving an earning replacement benefit. There is some reference made to class 1 credits being awarded for any week where the claiment is incapable for work and is sending in sick notes, and also when the claiment would have limited capability for work if entitled to ESA.
Does anyone have any experience with how this process works and whether it would therefore involve being subject to the WCA and filling in the questionnaire to determine eligibility?
Is there such a thing?
My client currently receives DLA HRM/LRC. She would not qualify for any ESA because has not made sufficient NI contributions for contribution based and has a large amount of capital following a compensation payment (not held in trust fund, client lives off the interest) for income based. I cannot seem to find much info in CPAG/DRH on the possibility of being credited with contributions to protect her pension in the absence of actually receiving an earning replacement benefit. There is some reference made to class 1 credits being awarded for any week where the claiment is incapable for work and is sending in sick notes, and also when the claiment would have limited capability for work if entitled to ESA.
Does anyone have any experience with how this process works and whether it would therefore involve being subject to the WCA and filling in the questionnaire to determine eligibility?
It was my understanding that a client is entitled to a Class 1 credit for any week in which she would have had limited capability for work if she had been entitled to ESA. The client must claim credits in writing from the DWP before the end of the benefit year after the tax year in which she has limited capability for work.The client’s claim must state the grounds on which she is entitled to receive credits. She should try to provide proof of her limited capability for work for the relevant period, for example, medical certificates.
JSA have a credits only claim form - I dont know if ESA do or not but suggest you speak to a team leader to find out ,if you can.
The claim will then be processed in the normal way - i.,e client submits sick notes until assessed under WCA - if she passes all well and good but if fails you would still need to appeal to keep the claim as credits only.
why is it not in a PI trust? if indeed it was compensation for a PI claim?
Claire - the majority was used to buy a house. There is not that much remaining (but enough to be over the £16,000.00) which the client keeps in the bank to use as when needed.
even so. a trust would have protected it. ah well…
‘JSA have a credits only claim form’
Do you know where such a form can be obtained? For the first time I can remember I have a case where claiming by form may be necessary as contact centre doesn’t seem able to accept his claim for credits only by phone
Tony