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Thread: Closing ESA Claim?

  1. #1
    New Member
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    Closing ESA Claim?

    Hi there,

    I currently claim Contributory ESA in the Support Group, however I receive no actual payments as my Occupational Pensions are too high and wipe out any ESA Payments. I still claimed ESA however in order that my NI Account was credited towards my State Pension.

    The situation now is that I have worked and paid NI or been credited with NI Contributions now for 39 years in all, having joined HM Forces at age 18 and medically retired after 29 years, then nine years in another job before being medically pensioned off again. I have claimed ESA for just over a year, so I have made 39 years NI payments/credits. I understand one only needs 35 years NI for a 'full state pension' under the new forthcoming scheme.

    Therefore I take it there would be no loss of state pension if I closed down my ESA claim, but do NI Credits count towards anything else that I may need, or put another way, is there anything I could potentially lose if I just closed down my ESA claim?

    Thanks
    Ian

  2. #2
    Senior Member andypandy's Avatar
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    Others will help more than I can but personally I would just let your ESA award run until it finishes and then re-assess

  3. #3
    Senior Member
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    I think you would be better seeking the advice of a professional benefits adviser with this, as you are ex mob why not contact The RBL or SSAFA benefits advice service. You will get very reliable advice there, all the best.

  4. #4
    Senior Member
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    As things stand at the moment yes - 35 years full contributions are needed to qualify for the full MINIMUM guaranteed State Pension. But any extra NI credits paid up to your retirement age would continue to enhance your pension.
    The problem is that pensions are a minefield, and right now ou are in the middle of it! You will be about 57 now - another 9 years at least until state pension age. By then the new guaranteed minimum state pension should have been introduced (unless the government does yet another U turn) and the amount they are saying will be guaranteed is about £144 per week.
    I would suggest the first step is to obtain a Pension Forecast. You will probably find that your 'in service' element of state pension is adjusted down because of the Services pension payments. (There were some peculiar rules affecting Government and State pensions for those who worked during the 70's.)
    There are also far too many 'unknowns' between now and when your reach 66 or whatever, particularly what will happen with Pension Credit. So get the Pension Forecast as a start, and then seek advice bearing in mind no-one can be 100% sure.
    Personally I don't think you have anything to lose by carrying on with your ESA claim - and the credits - for as long as you can. If the worst happens and your ESA is stopped then at least you may be in a position to not have to worry about the hassle of appeals.

  5. #5
    New Member
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    Thanks all,

    Yes I may just keep my ESA claim going, albeit as I posted, I do not directly benefit financially from it.

    It is due for a review in October this year and I get the feeling I will be going through the hassle of filling in the forms and being sent for a medical for nothing really.

    Thanks anyway.

    Ian

  6. #6
    vikstar
    Guest
    A word of advice.

    If you are ever going to close your ESA claim, don't just let it lapse by not returning an ESA50, or by not attending a face to face.

    Do it formally, in writing.

  7. #7
    grumley
    Guest
    Quote Originally Posted by vikstar View Post
    A word of advice.

    If you are ever going to close your ESA claim, don't just let it lapse by not returning an ESA50, or by not attending a face to face.

    Do it formally, in writing.
    Why?

    I was advised not to formally close it down as I was claiming a means tested benefit and the loss of my ESA would result in it being classed as deprivation of a benefit that I should have continued to claim as I was entitled to it. I was told to let the DWP take it away from me either by not returning the ESA50 or making a complete mess of the assessment. I didn't want to do the latter as it might have affected my DLA so I just 'forgot' to return the ESA50. The DWP closed it down and I continued to get the same means tested income, but all from one source instead of from two.

    I'm now having the same problem with my State Pension which I was entitled to claim in May 2013 but so far I have refused to claim it. The DWP are trying to tell me that that is also a deprivation, so I'm trying to find a way round that argument as well.
    Last edited by grumley; 14-07-13 at 07:43.

  8. #8
    vikstar
    Guest
    Quote Originally Posted by grumley View Post
    Why?

    I was advised not to formally close it down as I was claiming a means tested benefit and the loss of my ESA would result in it being classed as deprivation of a benefit that I should have continued to claim as I was entitled to it. I was told to let the DWP take it away from me either by not returning the ESA50 or making a complete mess of the assessment. I didn't want to do the latter as it might have affected my DLA so I just 'forgot' to return the ESA50. The DWP closed it down and I continued to get the same means tested income, but all from one source instead of from two.

    I'm now having the same problem with my State Pension which I was entitled to claim in May 2013 but so far I have refused to claim it. The DWP are trying to tell me that that is also a deprivation, so I'm trying to find a way round that argument as well.
    "Once bitten..........shy" d, or is it v, or is it A & F ?

    http://www.youreable.com/forums/show...ll=1#post43031
    Last edited by vikstar; 14-07-13 at 18:04.

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