new-style esa eligibility -based on Carer's Credit

I would appreciate some advice on my eligibility for new-style esa. I can straight away state I cannot claim Income-related (or UC as it is now), due to Husband's Pension income.
I was in receipt of Carer's Allowance and the linked Carer's NI Credits for Tax Years 15-16, 16-17 and a few months of tax year 17-18 until I ended my claim for Carer's Allowance. I do not work and have not done so for a long time but I did work for several years for a major employer in a full time job in the 1980s and must have paid NI contributions when doing so.

I specifically wish to ask about eligibility having been in receipt of Carer's Credits as there is so much conflicting information on other sites regarding: esa Regulation 8 and the Relaxation of the first contribution condition because I was claiming Carer's Allowance. I wish to claim new-style esa and would be able to get a Sick Note backdated to December as I saw my GP regarding my mental health then. I assume this means the relevant Tax Years for Contributions would be 15-16 and 16-17 (as these are the two complete tax years preceding the Benefit Year in which the Limited Capability for work started) where I have a full set of NI credits for both tax years.

However, I have also read a vague statement that you need to have actually paid 1 year of National Insurance through working at some point as well. Is this true? If so, I assume my working in the 1980s would cover this.

Another vague statement that I need to clarify is that you need to have been entitled to Carer's Allowance during the most recent complete tax year. (I presume they mean 17-18) It did not state a specific time period e.g. 50 weeks, that means you needed to be in receipt for that tax year. I was entitled for a few months of 17-18 tax year, so I wanted to know if that would be sufficient, if this statement is correct.

Finally, another statement was that you only need to have been entitled for one week of each tax year, so would I need to bother with backdating the sick note when I go to see my GP or would it be fine to just start now from this benefits year where the relevant tax years would be 16-17, and 17-18 - and I only have a partial record of contributions for 17-18 tax year.


Apologies for the length of this but there is little guidance elsewhere on eligibility for this based on Carer's Allowance NI credit and the relaxation of the first contribution. I ultimately want to know any responses to the vague statements I discussed and if there is any truth in them, and, based on my information, would I be entitled to make a claim new style esa? Thank you.

Hello,

Thank you very much for your clarification. I understand now. I will of course draw their attention to the necessary legislation if they require a push!


Regards

As Gordon mentioned reg 9 is rarely used, this information you will know but here goes anyway
From what you’ve said, you should meet the NI conditions for contributory ESA given the length your allowance claim and linking NI Credits

This is from an online Carer’s UK factsheet –
“Contributory ESA is a claim just for you (even if you have a partner) and is based on your national insurance (NI) contribution record. Your or any partner’s income and capital will not affect the claim, except if you have an occupational or private pension of over £85 a week or a councillor’s allowance of over £40 a week.

It has two contribution conditions:

The first condition is that you must have paid, or be treated as having paid, at least 26 weeks of Class 1 or Class 2 NI contributions on earnings at the lower earnings limit in one of the last two complete tax years before the start of the relevant benefit year. However an exception to this rule for contributory ESA is that if you were entitled to Carer’s Allowance for at least one week in the last complete tax year before the start of the relevant benefit year, you will satisfy the first contribution condition if you have paid, or can be treated as having paid, sufficient NI contributions in any complete tax year.

The second condition is that you must have paid or been credited with Class 1 or Class 2 NI contributions on earnings 50 times the lower earnings limit in each of the last two complete tax years before the start of the relevant benefit year.

Note: A ‘tax year’ runs from 6th April to 5th April the following year. A ‘benefit year’ starts on the first Sunday in January and ends on the Saturday before the first Sunday in January the following year.”

Here is the link to the factsheet - www.carersuk.org/help-and-advice/financi...working-age-benefits

.“Protecting your National Insurance (NI) record
Your NI record is a summary of the NI contributions paid through work, or credits awarded when you are unable to work. It is used to work out your entitlement to some state benefits, eg State Pension.

For each week that you receive Carer’s Allowance you get a Class 1 NI credit to help protect your record. If you are unable to claim Carer’s Allowance then you may be able to claim Carer’s Credit to protect your record.

Carer’s Credit is a way of protecting pension rights for people who are caring for someone but are not paying NI contributions through paid work and are unable to claim Carer’s Allowance. You do not get paid any money if you claim Carer's Credit, but you get a NI contribution credit to help protect your record.

To claim Carer’s Credit you need to be looking after someone for a total of 20 hours or more a week. The person you are looking after must normally be getting one of the following:

the middle or the higher rate of the care component of Disability Living Allowance (DLA)
the daily living component of Personal Independence Payment (PIP) (at either rate)
Attendance Allowance (at either rate) or Constant Attendance Allowance
Armed Forces Independence Payment (AFIP)

If the person you’re caring for doesn’t get one of these benefits, you may still be able to get Carer’s Credit. When you apply, fill in the Care Certificate part of the application form and get a health or social care professional to sign it.

Carer’s Credit can also help with breaks in your caring role. You can claim Carer’s Credit for any week within 12 weeks before the date you become entitled to Carer’s Allowance or following the week you stop being entitled to Carer’s Allowance. This is without meeting the 20 hour condition. This means you could have a break in caring for up to 12 weeks without losing your NI contribution credit.

Example

Sue cares for her brother Alfred. Alfred receives Attendance Allowance and Sue claims Carer’s Allowance for looking after him. Alfred goes into hospital and his Attendance Allowance stops after 28 days. This means that Sue’s Carer’s Allowance will also stop after 28 days. Sue can claim Carer’s Credit for up to 12 weeks after her Carer’s Allowance stops.

To claim Carer’s Credit you need to apply to the Carer’s Allowance Unit (England, Wales and Scotland) …”

See Carers UK Carers Allowance Factsheet - www.carersuk.org/help-and-advice/financi...its/carers-allowance


Carers UK do have a helpline that might help on this and on practical steps to take

Thank you both for this excellent clarification. To be clear, I was in receipt of Carer's Allowance (so there is no issue) - I just referred to Carer's Credit within the context of NI.