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Carer's NI Credits
- Gordon
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8 years 7 months ago #140386 by Gordon
Carer's Credit is completely separate from Carers Allowance, which is why I think the has been some confusion.
If you are referring to the ESA call centre staff then they do not have authority to refuse a claim.
I would recommend that you contact the DWP again and ask for a call back from a manager, this usually takes 3 hours so it may be tomorrow before they do, you need to understand what is happening with your original claim and the MR you requested. You should also cite the reference include in the link that Bro posted.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Carer's NI Credits
Maddy2014 wrote: I have only ever actually claimed Carer's allowance. I was told you automatically get Carer's Credits when you claim CA. I've worked full time in my life for about 5 years or so, then part-time for a few years where I would have paid NI.
Carer's Credit is completely separate from Carers Allowance, which is why I think the has been some confusion.
If you are referring to the ESA call centre staff then they do not have authority to refuse a claim.
I would recommend that you contact the DWP again and ask for a call back from a manager, this usually takes 3 hours so it may be tomorrow before they do, you need to understand what is happening with your original claim and the MR you requested. You should also cite the reference include in the link that Bro posted.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- bro58
8 years 7 months ago - 8 years 7 months ago #140390 by bro58
Replied by bro58 on topic Carer's NI Credits
Hi M2014,
The "important bit" (ESA Regulation 8. (2) ) to cite is :
"(2) The conditions referred to in paragraph (1) are that the claimant—
(a)was entitled to a carer’s allowance in the last complete tax year immediately preceding the relevant benefit year;
(b)had been engaged in qualifying remunerative work for a period of more than 2 years immediately before the first day of the period of limited capability for work and who was entitled to working tax credit where the disability element or the severe disability element of working tax credit specified in regulation 20(1)(b) or (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002(1) was included in the award;
(c)in respect of any week in any tax year preceding the relevant benefit year—
(i)is entitled to be credited with earnings or contributions in accordance with regulation 9D of the Social Security (Credits) Regulations 1975(2) (credits for certain periods of imprisonment or detention in legal custody); or
(ii)would have been so entitled had an application to the Secretary of State been made for the purpose of that regulation; or
(d)on the first day of the period of limited capability for work, had received a contributory allowance in the last complete tax year immediately preceding the relevant benefit year in which entitlement to a contributory allowance is now being decided."
Which is : ESA Regulations 2008. 8. (2)
bro58
The "important bit" (ESA Regulation 8. (2) ) to cite is :
"(2) The conditions referred to in paragraph (1) are that the claimant—
(a)was entitled to a carer’s allowance in the last complete tax year immediately preceding the relevant benefit year;
(b)had been engaged in qualifying remunerative work for a period of more than 2 years immediately before the first day of the period of limited capability for work and who was entitled to working tax credit where the disability element or the severe disability element of working tax credit specified in regulation 20(1)(b) or (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002(1) was included in the award;
(c)in respect of any week in any tax year preceding the relevant benefit year—
(i)is entitled to be credited with earnings or contributions in accordance with regulation 9D of the Social Security (Credits) Regulations 1975(2) (credits for certain periods of imprisonment or detention in legal custody); or
(ii)would have been so entitled had an application to the Secretary of State been made for the purpose of that regulation; or
(d)on the first day of the period of limited capability for work, had received a contributory allowance in the last complete tax year immediately preceding the relevant benefit year in which entitlement to a contributory allowance is now being decided."
Which is : ESA Regulations 2008. 8. (2)
bro58
Last edit: 8 years 7 months ago by bro58.
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