Credits only NI claim
CP made this Freedom of Information request to Department for Work and Pensions This request has been closed to new correspondence. Contact us if you think it should be reopened.
Dear Department for Work and Pensions,
Please could you provide the regulations and/or guidance that describe the process for making a "credits only" claim for Universal Credit, when someone in a Full service UC area doesn't meet the NI contributions conditions for new style ESA or JSA, But also has too much income (through non NI payable ill health pension) / savings for Universal Credit.
If this person is disabled and is working part time - but not enough hours to be entitled to receive any NI Credits.
Yours faithfully,
Colin Paterson
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Our Reference: FoI 3574
Thank you for your Freedom of Information request.
You can expect a reply by 24 September 2018 unless I need to come back to you to clarify your request or the balance of the public interest test needs to be considered.
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DWP Strategy FoI Team
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FoI 3574
Please see the attached reply to your Freedom of Information request.
Yours sincerely
DWP Strategy FoI Team
Dear DWP Strategy Freedom of Information,
OK So UC does not allow for credits only claims - but surely old (legacy) ESA would ?
And if Legacy ESA is not available in my area (which is a fully UC area) - then doesn't this allue to discrimination ?
Yours sincerely,
CP
Colin Powell left an annotation ()
I have my local CAB on the case - they have brought my MP in on it
I am disabled and have been rejected by JCP in trying to make a credits only claim for ESA - on grounds that I do not have enough NI credits to claim contribution based ESA (Durghh !!) and savings prevent income based - which to me looks like discrimination !!
Since JSA would be available to me - but I am looking at ESA
S. Gwilliam left an annotation ()
I do understand your situation, but there is not the option to claim credits only ESA in a UC area. (As you are finding).
Instead you would claim credits only JSA as what the DWP call internally a 'non-claimant' - There is no requirement for a non-claimant to enter into a Claimant Commitment
If you don't have a CC you should not be required to jobsearch (or attend the JC+ regularly).
Of course JC+ staff don't come across this often so don't understand it.
Have a read of this: (and show it to your MP/CAB).
https://www.whatdotheyknow.com/request/3...
Hope that helps.
S. Gwilliam left an annotation ()
Sorry, I inadvertently posted a direct download link.
It's from this FoI: https://www.whatdotheyknow.com/request/3...
Thank you for your Freedom of Information review request.
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Yours sincerely
DWP Strategy FoI Team
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Your right to complain under the Freedom of Information Act
If you are not happy with this response you may request an internal review by e-mailing [email address] or by writing to DWP, Central FoI Team,
Caxton House, Tothill Street, SW1H 9NA. Any review request should be submitted within two months of the date of this letter. Please remember to quote the reference number above in any future communications.
If you are not content with the outcome of the internal review you may apply directly to the Information Commissioner’s Office for a decision. Generally the Commissioner cannot make a decision unless you have exhausted our own complaints procedure. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow Cheshire SK9 5AF
www.ico.org.uk/Global/contact_us or telephone 0303 123 1113 or 01625 545745
Dear DWP Strategy Freedom of Information,
You appear to believe that it is acceptible practice to delay your full answer to my FOI request beyond the 20 day limit
Well - it is not
Please respond with a date by which, you will respond fully
Yours sincerely,
Colin Paterson
Dear Department for Work and Pensions,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Department for Work and Pensions's handling of my FOI request 'Credits only NI claim'.
Still waiting on an internal review !!
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/c...
Yours faithfully,
CP
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If your email is a Freedom of Information request you can normally
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Should you have any further queries in connection with this request do
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Dear DWP freedom-of-information-requests,
I would really appreciate being told why there has been no response to this yet ...
I would like an internal review to ascertain a response
Yours sincerely,
CP
This is an automated confirmation that your request for information has
been accepted by the DWP FoI mailbox.
By the next working day your request will be forwarded to the relevant
information owner within the Department who will respond to you direct.
If your email is a Freedom of Information request you can normally
expect a response within 20 working days.
Should you have any further queries in connection with this request do
please contact us.
For further information on the Freedom of Information Act within DWP
please click on the link below.
[1]http://www.dwp.gov.uk/freedom-of-informa...
References
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IR 479 - Reply
We apologise for the delay in responding to your request - The reply to your Internal Review request on FoI 3574 is now attached.
Yours sincerely
DWP Strategy FoI Team
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S. Gwilliam left an annotation ()
Only half a reply as usual from the DWP.
See this FoI reply from June 2017 which details how you can still make a NI credits only JSA claim in a UC Full Service area.
https://www.whatdotheyknow.com/request/4...