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Forum Home  →  Discussion  →  Universal credit migration  →  Thread

Universal credit with new style ESA MR pending

PippaD
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Benefits advisor - Maggie's South West Wales, Swansea

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Total Posts: 54

Joined: 20 June 2013

I have a self employed client who was refused new style ESA in Dec 2018 as her NI wasn’t complete for 16/17.

She was told she was on a credits only claim.
She returned her ESA50 and has paid all her NI up to date before 31st Jan. She posted a mandatory reconsideration on the basis that she had paid her NI up to date for the missing year. This was received on 25th Jan.

In the meantime she had to also claim UC (one son and self employed husband).
ESA have now stopped her new style ESA claim because it is credits only and you cant get credits only and UC at the same time.

She has been told to ask her work coach, via the UC journal, to request a dual claim and the work coach will ring her to do a new new style ESA claim.

Have you seen this happen, its new to me? What happens to the MR that they have received relating to her initial claim and that fact she has a made the NI payments?

Many thanks
Pippa

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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Joined: 24 November 2017

The old new style ESA claim will have looked at tax years 2015-2016 and 2016-2017.
If a new new style ESA claim is made it will look at tax years 2016-2017 and 2017-2018 so is their 2017-2018 NI record complete?

Ruth_T
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Volunteer adviser - Corby Borough Welfare Rights & CAB

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Joined: 21 June 2010

Even if paid within the relevant time limit, classes 1 and 2 contributions which are paid late cannot normally count for the second contribution condition for contribution-based JSA and contributory ESA, until six weeks after they have been paid.  (SS(CTCNIN) Regs Reg 4(7) and 4(8))

See also https://www.rightsnet.org.uk/forums/but/member/4785/viewthread/9330/ 

 

PippaD
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Benefits advisor - Maggie's South West Wales, Swansea

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Total Posts: 54

Joined: 20 June 2013

Many thanks for the replies.

The NI record is fully up to date now.

Can you claim new style ESA and then payment would start 6 weeks later?

Or would you have to wait 6 weeks before starting the claim after paying the NI?

Can the MR still stand and request the payments start after serving the 6 week wait?