esa contribution and pregnancy

sophi wrote: hi
can you still claim ESA 6 weeks before birth? what are the qualifying years for contributions and is benefit contributions taken into account? (stamps paid whilst on benefits?)

thanks

The rules for pregnancy are as follows

20. A claimant is to be treated as having limited capability for work if—

(d) in the case of a pregnant woman, there is a serious risk of damage to her health or to the health of her unborn child if she does not refrain from work;

(e) in the case of a pregnant woman, she—

(i) is within the maternity allowance period; and
(ii) is entitled to a maternity allowance under section 35(1) of the Contributions and Benefits Act

(f) in the case of a pregnant woman whose expected or actual date of confinement has been certified in accordance with the Medical Evidence Regulations, on any day in the period—

(i) beginning with the first date of the 6th week before the expected week of her confinement or the actual date of her confinement, whichever is earlier; and
(ii) ending on the 14th day after the actual date of her confinement,

if she would have no entitlement to a maternity allowance or statutory maternity pay were she to make a claim in respect of that period.

There is considerable confusion, the DWP even suffer from it, in regard to NICs, there are two discreet versions; NI Contributions that can only be acquired from paid employment or registered self-employment and NI Credits which are paid while in receipt of some, but not all benefits, ESA and IB pay these.

For the current Benefit Year (2014) the tax Years 2011-12 and 2012-13 will be used. If this is a new claim then there are two Contribution Conditions that need to be met, the first must be met with NI Contributions, the second can be met by NI Contributions or NI Credits or a combination of the two.

If this is a re-claim of ESA(CB) following your ESA(CB) being terminated by the 365 day rule then there is a third Condition which is that the one of the years used to qualify must be later than the years used on the previous claim.

Gordon