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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Credits only claim

MaggieB
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Dorchester CAB

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Is there such a thing as a credits only UC claim?  CPAG states if you are not eligible for UC because of too high an income then a credits only claim for ESA should be made.  If client is not eligible for contributory ESA as we are in FS area where does that leave us? My understanding is that new style ESA is contributory only..
Our client is on PIP (not on ESA), husband carer for her, she will not be able to claim cb benefit but needs to protect NICS

AlexJ
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Trafford Welfare Rights

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Daphne
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She can claim new-style ESA (contributory ESA in a full-service area) on a credits only basis.

Ianb
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Daphne - 02 August 2018 12:51 PM

She can claim new-style ESA (contributory ESA in a full-service area) on a credits only basis.

Do you know how this actually works in practice. I would expect that if a claim is made for ns-ESA the first thing the DWP check is the NI record and if the claimant doesn’t meet the requirements claimant will be told they don’t qualify and it will be difficult for the claimant to get beyond this point to have a WCA carried out.

There seems to be no DWP information available about making credit only claims.

Person in this situation is not going to be awarded any benefit but they need a determination of LCW/LCWRA in order for DWP to advise HMRC to give them relevant credits.

[ Edited: 13 Aug 2018 at 10:22 am by Ianb ]
Paul_Treloar_AgeUK
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Ianb - 13 August 2018 10:18 AM

There seems to be no DWP information available about making credit only claims..

Don’t know if you have seen this post and next one from Martin at CPAG on what a credits only claim really is?

https://www.rightsnet.org.uk/forums/viewthread/12714/#59164

Daphne
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To be honest I don’t know how easy it is in practice - gov.uk says you can get credits if -

You’re not on Employment and Support Allowance but you satisfy the conditions for it

I guess you need to make clear that you’re claiming on a credits only basis and then MR/appeal if the decision refuses. I would be interested to know how anyone has got on with such a claim. If there are problems I’m happy to raise via the stakeholders forum.

Ianb
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Paul_Treloar_AgeUK - 13 August 2018 10:39 AM
Ianb - 13 August 2018 10:18 AM

There seems to be no DWP information available about making credit only claims..

Don’t know if you have seen this post and next one from Martin at CPAG on what a credits only claim really is?

https://www.rightsnet.org.uk/forums/viewthread/12714/#59164

Yes I did read that - very interesting it was too. It rather highlights that there is no clear guidance (as far as I can tell) as to the actual process to be followed to establish entitlement to NI credits in ‘qualifying circumstances’ where there isn’t an entitlement to a benefit.

Ianb
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Daphne - 13 August 2018 10:45 AM

To be honest I don’t know how easy it is in practice - gov.uk says you can get credits if -

You’re not on Employment and Support Allowance but you satisfy the conditions for it

I guess you need to make clear that you’re claiming on a credits only basis and then MR/appeal if the decision refuses. I would be interested to know how anyone has got on with such a claim. If there are problems I’m happy to raise via the stakeholders forum.

Yes, it was the practicality of getting past DWP/JobCentre gatekeepers in order to establish NI credit qualifying circumstances that I am not clear about.