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Thank you for your reply. I wondered what action you think I should take?
In April 2020-21 . I was off sick but entitled to sick pay from my employer. My record says I paid around £1300 in NI contributions - NI credits 44 weeks.
April 2021-2022 I lost my job and didn’t work at all but received a settlement for leaving my job. It says paid employment £422 - NI credits 39 weeks which I don’t understand as I didn’t work at all so no sure why NI credits are less.
April 2022- 2023 worked two months no record recorded as yet.

What I find confusing is when I worked 52 weeks part time and paid a small amount of NI is that that would be classed as a full year, but off sick and paying significantly more NI full time counts for nothing.

When someone is employed but off sick and NI is paid out of salary for the majority of the year is this classed as me paying NI or having help in terms of qualifying rules? Thank you

C

For a New Style ESA claim made today, the DWP will use the two Tax Years 2020-21 and 2021-2022

To qualify for NS ESA you will need;

- At least 26 weeks of Class 1 or 2 NI Contributions in one of the Tax Years, these are only available through paid employment, and

- A minimum of 50 weeks of Class 1 or 2 NI Contribution and/or Class 1 NI Credits in both of the Yax Years

UC pays Class 3 Credits, which count towards the State Pension but not for NS ESA.

Gordon

Hi there,
I am on esa Contributions based (13) years and in a support group too. I have MS and naturally it's deteriated over the years now. I was wanting to go on holiday and visit family in US in Florida in Nov in Nov this year. My immediate family will be there with me too. I depend on them daily.
Can I ask if that's OK to do? I'm aware of the 28 days rule but I don't want this to trigger a reassessment
That would terrify me.
What is expected of me? What do i have to fo?

Many thanks

K

Thank you Gordon, that is good to know.

Can I ask you another question please:-

If I have a full year of ni credits from my "ns esa credits only claim " -

1) are these credits class 1 or class 3?

2) if i applied for cb new style esa in the future, would this 1 x full year of ni credits count for the 2nd contribution condition as one of the years, or not?

"2nd contribution condition - in both of the last two complete tax years, you must have paid or been credited with, Class 1 or 2 contributions to the value of 50 times the lower earnings limit."

Thank you.

Olive

You need to have been entitled to Carers Allowance in either of the two Tax Years preceding, currently 2020-21 and 2021-22

AND

Have received a minimum of 26 weeks of NI Contributions through employment or self-employment in any Tax Year preceding the current Benefit Date.

Gordon

Hi,

Can I ask about the following ESA contribution condition:-

there are situations where the first contribution condition can be relaxed for certain groups of ESA claimants meaning that these specific groups can use National Insurance contributions paid in any tax year to satisfy the first contribution condition. This could apply to you if: you were entitled to Carer's Allowance in the last complete tax year immediately before the benefit year in which your Limited Capability for Work began

Does this mean you would have had to have claimed carer's allowance for the full 52 weeks of that year? Or if you'd claimed only 26 weeks would that be enough?

thanks

Sorry that was incorrect. I have contributions based ESA not income related. I am being asked for bank statements and to explain any purchases above £250 since June 2021. What happens if I do not send them as I do not feel it is appropriate in my situation and an invasion of privacy.

Hi Bryanclare2347

You cannot claim Income based ESA as a new claim as it is a legacy benefit, you can only claim UC which is means tested.

New Style ESA is not means tested, it is based on your NI contributions.

Gary

Olive

There are two Contribution Conditions that you need to meet for a new claim for New Style ESA.

Both are based on the two Tax Years preceding the current Benefit year, for 2023 they are 2020-21 and 2021-22.

The Second Condition requires a minimum of 50 weeks of either NI Contributions and/or NI Credits, your current Credits Only award potentially covers this.

The First however requires a minimum of 26 weeks of NI Contributions in either of the two years, your current claim does not provide these, Contributions can only be acquired through paid employment, there are some exceptions but you don't mention any of these in your post.

Gordon

Hi Nic

Her NS ESA will not stop as it is based on her NI contributions .

You may want to contact ACAS for advice before contacting her employer; www.acas.org.uk

Gary

Hi JBX,

Yes, I also have 35 years full contributions, so the NI credits are pretty useless to me too!
I have just applied for PIP aswell and awaiting the assessment. It is extra stressful but worth doing and I hope it goes well for us both.

Hi Olive it was your own post that made me ask the question as you are correct it's a similar situation to yourself
Getting Ni credits is no bonus as I already have the full 35 years contributions to get me the full pension but not for 6 years, I'm hoping the fact that I'm still not fit enough to work and was signed of by my GP indefinitely and still in the support group will help my pip applications it was actually my GP who suggested I apply as I have nothing to lose ,I must admit though this pip form puts your anxiety off the scale sometimes I think to myself is it worth the extra stress, but I feel I deserve it after coming off ESA on my own accord to try and give myself a better life but in the end it backfired on me and I lost the only income I had been getting for 10 years, with the help of the amazing people on here I will fight them all the way ,thanks again for your good luck comment Olive

Hi JBX,

I'm kind of stuck in the same situation as yourself with CBESA - only getting NI credits (even though I worked for over 30 years).
I can't offer you any advice, sorry.
Just wanted to say I know how "rubbish" it feels to only be awarded the credits and not get any actual payment.
Hope your PIP application goes ok.

Thank you for your reply Gordon happy that I didn't appeal the decision then

JBC

Yes, you need a minimum of 26 weeks of NI Contributions in one of the two Tax Years used for qualifying for Contribution Based ESA.

Gordon

Hi would be grateful for some advice regarding a previous application for ESA and my NI contributions
I had previously worked for 35 years in 2009 I had to give work up due to illness I was signed off sick by my GP and was claiming CB ESA and was in the support group, in November 2019 I foolishly under no pressure from anyone decided to try and go back into employment ( so I was 10 years in the support group ) I only lasted 15 weeks which was March 2020 and had to give the job up due to my health condition, it was not until September that year I got a sick line from my GP I applied again for ESA with the same medical condition as before, I initially was paid CB ESA benefit and then sent a ESA50 to fill which I returned however after 6 weeks of being paid I received a call from the DWP stating there had been an error on their behalf and they could not continue to pay me as I did not have the NI insurance contributions from the years required when I looked at the 2 years in question I had 52 weeks on both years all of these were obviously credits when I was recieving CB ESA my question to the team and members here is Do one of those years or part of the years contributions have to be earned by being in employment ?? for me to qualify for payment as those 2 years in 2017 & 2018 are complete. I'm still claiming ESA and in the support group but get no payment only NI credits ,Ive had no income for over 3 years as my wife works full time and earns too much to quality for universal credit , I'm currently in the process of apply for PIP apologies if this is a bit long it's my first ever post
Thank you kindly

Had my wca today for contributions based ESA. Various problems main one being fractured knee which affects mobility and causes significant pain. Was prepared to be grilled about what I could/couldn’t do etc. Call lasted 15 minutes and all I was asked about were my incontinence issues. Assessor then said she had all the information she needed and would forward to DWP for decision. I asked if she wanted to know about my knee and mobility/pain problems and she said no, she had enough information. Should I see this as a positive sign that I will be in the support group due to incontinence alone? I expected to still have to answer all the other question so a bit confused.

HCMLcasemanagers

Like you, I have found references to their being able to claim Contribution Based benefits, however, I have seen a warning in regard to Immigration Conditions and a recommendation that legal advice is taken first, see

www.nrpfnetwork.org.uk/information-and-r...n-and-asylum-advice#

That's the good news.

The bad is that if your client has not worked for three years then they will not have the necessary NI Contributions and/or Credits to make a claim for New Style ESA in the required Tax Years (20-21 and 21-22), the best they might receive would be NI Credits for a State Pension if they are eligible for this in the first place.

The only other benefit I can think of would Industrial Injuries Disability Benefit (IIDB) but that is outside of the support that we can offer on the forum, an internet search should provide more information.

Gordon

Chan

Olive's circumstances are different from yours.

If HMRC have confirmed you have the Contributions then get back to the DWP, it is not unknown for their records to be out of date.

Gordon

Hi Enigma123

I am a bit lost with your post, ESA now called "legacy ESA" is no longer available to new claims except in very special circumstances.

The difference is that legacy ESA was one benefit consisting of two eligibility criteria, one based on the claimant's NI Contribution history (Contribution Based ESA) and the other on their personal circumstances (Income Related ESA).

New Style ESA only considers the claimant's NI Contributions, the equivalent to ESA(IR) is Universal Credit.

From your post, tell me if I am wrong, I believe that you have had a Work Capability Assessment (WCA) which you failed and have applied for a mandatory reconsideration (MR) which you have also failed and now you want to appeal.

I don't understand what you mean ESA50 was a duel one which affected your UC and CB ESA.

I think what may have happened and I can only guess, is that you received LCWRA in your UC claim which stopped when you failed the WCA, this would have closed your CB ESA and reduced your UC.

You do need to seek advice from your local Welfare Rights Organisation who will be abe to take all your circumstances into consideration; you can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk

Gary