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Contributory ESA and linking rule
- Ruby100
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9 years 3 weeks ago - 9 years 3 weeks ago #132896 by Ruby100
Contributory ESA and linking rule was created by Ruby100
Hi,
well I've been trying to find out some fairly straightforward info (I think) on ESA. But I"m getting a whole series of different answers! My questions are:
- 12 week linking: I have been told this is to 'the support group only' and it will be a NEW claim and NEW tax years - hence I wouldn't be able to claim any money. And the Benefits Enquiry Line told me 'it's too complicated madam and it would be dealt with at that time'!
- IF I went back to work - what would the minimum amount of work I would have to do to be able to make a successful new claim e.g. how much would I actually have to earn in this tax year 2015-16 and would 2014-15 which has ALL ESA support group NI credits - would this be enough to claim in January 2017 or . . . . would I have to work in 2016-17 to fulfil the criteria? I have just been told by Jobcentre that I would 'basically have to work full time for two years to re claim ESA'!
I would be grateful if anyone can help me to answer the two above questions as I cannot make a proper decision about going back to work without this info
Thank you
Best wishes
Ruby
well I've been trying to find out some fairly straightforward info (I think) on ESA. But I"m getting a whole series of different answers! My questions are:
- 12 week linking: I have been told this is to 'the support group only' and it will be a NEW claim and NEW tax years - hence I wouldn't be able to claim any money. And the Benefits Enquiry Line told me 'it's too complicated madam and it would be dealt with at that time'!
- IF I went back to work - what would the minimum amount of work I would have to do to be able to make a successful new claim e.g. how much would I actually have to earn in this tax year 2015-16 and would 2014-15 which has ALL ESA support group NI credits - would this be enough to claim in January 2017 or . . . . would I have to work in 2016-17 to fulfil the criteria? I have just been told by Jobcentre that I would 'basically have to work full time for two years to re claim ESA'!
I would be grateful if anyone can help me to answer the two above questions as I cannot make a proper decision about going back to work without this info
Thank you
Best wishes
Ruby
Last edit: 9 years 3 weeks ago by bro58. Reason: tick.
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- Gordon
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9 years 3 weeks ago #132899 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Contributory ESA and linking rule
Ruby
The 12 week rule applies to all awards not just the Support Group, as it "links" to the previous award there is no requirement for a claimant to re-meet the Contribution Conditions or to make a new claim, however, it may trigger a re-assessment.
If you go beyond the 12 weeks then it is a completely new claim and you need to meet the Contribution Conditions from scratch. There are two Conditions;
The first can only be met with NI Contributions derived from paid employment or registered self-employment, you need 26 weeks of NICs in one of the two complete TAX Years preceding the year of the claim, so for a claim year of 2015 this would be 2012-13 and 2013-14.
The second Condition can be met with either NICs or Credits which are paid for every week you are receiving an appropriate benefit such as ESA. you need 50 weeks of NICs or Credits in both of the Tax Years preceding the claim year.
So we are now in the Tax Year 2015-16 so you will not be able to reference any NICs earned for a new claim until the beginning of 2017.
There are some relaxations to the two Conditions, but you would need to get face to face advice to see whether they applied, although I doubt that they would.
I hope this explains it.
Gordon
The 12 week rule applies to all awards not just the Support Group, as it "links" to the previous award there is no requirement for a claimant to re-meet the Contribution Conditions or to make a new claim, however, it may trigger a re-assessment.
If you go beyond the 12 weeks then it is a completely new claim and you need to meet the Contribution Conditions from scratch. There are two Conditions;
The first can only be met with NI Contributions derived from paid employment or registered self-employment, you need 26 weeks of NICs in one of the two complete TAX Years preceding the year of the claim, so for a claim year of 2015 this would be 2012-13 and 2013-14.
The second Condition can be met with either NICs or Credits which are paid for every week you are receiving an appropriate benefit such as ESA. you need 50 weeks of NICs or Credits in both of the Tax Years preceding the claim year.
So we are now in the Tax Year 2015-16 so you will not be able to reference any NICs earned for a new claim until the beginning of 2017.
There are some relaxations to the two Conditions, but you would need to get face to face advice to see whether they applied, although I doubt that they would.
I hope this explains it.
Gordon
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- Ruby100
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9 years 3 weeks ago #132907 by Ruby100
Replied by Ruby100 on topic Contributory ESA and linking rule
Thank you Gordon! Yes, that is the most helpful reply I've literally had all week! I can't believe the DWP/job centre have given me so many wrong answers - how can I be sure they'd ever treat a claim correctly. . . . .
Could I also please ask - in the event I were to claim SSP if I got unwell after the 3 months linking rule- would I get NI credits for the SSP? (the reason I ask this is - if I became unwell and had to meet the second criteria for 50 weeks both tax years NICs/credits then would SSP count towards credits?)
Best wishes
Ruby
Could I also please ask - in the event I were to claim SSP if I got unwell after the 3 months linking rule- would I get NI credits for the SSP? (the reason I ask this is - if I became unwell and had to meet the second criteria for 50 weeks both tax years NICs/credits then would SSP count towards credits?)
Best wishes
Ruby
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- Gordon
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9 years 3 weeks ago #132920 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Contributory ESA and linking rule
Ruby
According to the following you should be eligible but you may need to claim them from HMRC. See
www.gov.uk/national-insurance-credits/eligibility
You might also want to have a look at the following
www.gov.uk/statutory-sick-pay/overview
Gordon
According to the following you should be eligible but you may need to claim them from HMRC. See
www.gov.uk/national-insurance-credits/eligibility
You might also want to have a look at the following
www.gov.uk/statutory-sick-pay/overview
Gordon
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- Ruby100
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9 years 2 weeks ago #133226 by Ruby100
Replied by Ruby100 on topic Contributory ESA and linking rule
Hi All
So - I started working on Monday of this week and tried to call the ESA helpline on the top of the award letter from Monday.
An hour on Monday and no answer, 40 minutes on Tuesday and finally Wednesday after 33 minutes I got to 'close' my claim.
I'm nervous as I've not worked full time for many year as I got very unwell young.
I wanted to say that the treatment and discussions I've had with the DwP/jobcentre have been appalling. I have felt badly treated, disrespected and given thoroughly wrong information. The 'benefits centre' was the worst of all. The lady could not answer my questions properly which made her 'aggressive' - my husband could not believe what he was hearing. It really worries me the 'stigma' the recent political and media climate has caused around sick and disabled people and I'm sure this has affected things.
I believe i have 12 weeks now in terms of linking, otherwise I have to keep working for about 6 months minimum to even stand a chance of reclaiming contribution ESA should I need to. Wish me luck!
Ruby
So - I started working on Monday of this week and tried to call the ESA helpline on the top of the award letter from Monday.
An hour on Monday and no answer, 40 minutes on Tuesday and finally Wednesday after 33 minutes I got to 'close' my claim.
I'm nervous as I've not worked full time for many year as I got very unwell young.
I wanted to say that the treatment and discussions I've had with the DwP/jobcentre have been appalling. I have felt badly treated, disrespected and given thoroughly wrong information. The 'benefits centre' was the worst of all. The lady could not answer my questions properly which made her 'aggressive' - my husband could not believe what he was hearing. It really worries me the 'stigma' the recent political and media climate has caused around sick and disabled people and I'm sure this has affected things.
I believe i have 12 weeks now in terms of linking, otherwise I have to keep working for about 6 months minimum to even stand a chance of reclaiming contribution ESA should I need to. Wish me luck!
Ruby
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- Gordon
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9 years 2 weeks ago #133236 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Contributory ESA and linking rule
Ruby
Yes, you have 12 weeks in which you can make a re-claim for ESA and link back to your original claim.
Best wishes for your working and I hope it works out for you.
Gordon
Yes, you have 12 weeks in which you can make a re-claim for ESA and link back to your original claim.
Best wishes for your working and I hope it works out for you.
Gordon
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