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Insufficient NIC contributions. ESA declined
- nixart
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8 years 6 months ago #143098 by nixart
Insufficient NIC contributions. ESA declined was created by nixart
I’am trying to help a poorly friend who has paid NIC contributions for 16 years. Her application has been declined due to insufficient NIC payments in the previous two years when she was ill, living off her savings and was advised verbally (no record) by DWP not to pay there latest NIC contributions invoice.
My question is whether she can argue this point (ie on basis that they should look at three years or the unproveable conversation with dwp when they said dont pay nic invoice etc) OR if she should switch her claim (how ?) to income related ?
Meantime may I ask if her claim is now void or will she get an assessment rate ? They have asked for another doctors note (first ran for 2 months and has run out) and they also sent the normal work assessment form.
Any help would be very much appreciated
My question is whether she can argue this point (ie on basis that they should look at three years or the unproveable conversation with dwp when they said dont pay nic invoice etc) OR if she should switch her claim (how ?) to income related ?
Meantime may I ask if her claim is now void or will she get an assessment rate ? They have asked for another doctors note (first ran for 2 months and has run out) and they also sent the normal work assessment form.
Any help would be very much appreciated
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- Gordon
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8 years 6 months ago #143113 by Gordon
Contributions can only be acquired through employment or registered self-employment, missing NICs cannot be purchased, the "gap" can be covered by the purchase of NI Credits, but these only count towards the State Pension they cannot be used to replace missing NICs.
They will have looked at her NI Contributions in the Tax Years 2012-13 and 2013-14.
If she is not eligible for Contribution Based ESA then she may be eligible for Income Related ESA, this will be dependant on your household income, your savings and assets, and any hours that a partner works. See
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Insufficient NIC contributions. ESA declined
nixart wrote: I’am trying to help a poorly friend who has paid NIC contributions for 16 years. Her application has been declined due to insufficient NIC payments in the previous two years when she was ill, living off her savings and was advised verbally (no record) by DWP not to pay there latest NIC contributions invoice.
My question is whether she can argue this point (ie on basis that they should look at three years or the unproveable conversation with dwp when they said dont pay nic invoice etc) OR if she should switch her claim (how ?) to income related ?
Meantime may I ask if her claim is now void or will she get an assessment rate ? They have asked for another doctors note (first ran for 2 months and has run out) and they also sent the normal work assessment form.
Any help would be very much appreciated
Contributions can only be acquired through employment or registered self-employment, missing NICs cannot be purchased, the "gap" can be covered by the purchase of NI Credits, but these only count towards the State Pension they cannot be used to replace missing NICs.
They will have looked at her NI Contributions in the Tax Years 2012-13 and 2013-14.
If she is not eligible for Contribution Based ESA then she may be eligible for Income Related ESA, this will be dependant on your household income, your savings and assets, and any hours that a partner works. See
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- nixart
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8 years 6 months ago #143132 by nixart
Replied by nixart on topic Insufficient NIC contributions. ESA declined
Thanks Gordon
For the record she has no money, no assets and is homeless and poorly. She spent what little money she had instead of claiming benefits.
Before considering an income based claim you seem to be saying that DWP would have looked at the required three years contributions and that it is now to late to buy any missing contributions. (once upon a time I think that was possible)
Does this mean that her claim is now rejected and even with her sick note she will NOT receive ANY money UNLESS she switches to an income based claim ?
May I ask the most effective route to transferring her claim to income based ?
Your kind help is much appreciated by a person in real need..thank you
For the record she has no money, no assets and is homeless and poorly. She spent what little money she had instead of claiming benefits.
Before considering an income based claim you seem to be saying that DWP would have looked at the required three years contributions and that it is now to late to buy any missing contributions. (once upon a time I think that was possible)
Does this mean that her claim is now rejected and even with her sick note she will NOT receive ANY money UNLESS she switches to an income based claim ?
May I ask the most effective route to transferring her claim to income based ?
Your kind help is much appreciated by a person in real need..thank you
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- Gordon
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8 years 6 months ago #143140 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Insufficient NIC contributions. ESA declined
nixart
If she made a Contribution Based claim only, it's a tick box on the ESA1 application form, then the DWP will only have looked to see whether she was eligible for ESA based on her contributions and if she was not, rejected the claim.
If she did not make a Contribution only claim then they will first look to see whether she meets the Conts. requirement and if not whether she then meet the income and savings requirements.
So, if it was the former then she can make a new Income Related claim immediately, if it was the latter then her claim is on-going.
Gordon
If she made a Contribution Based claim only, it's a tick box on the ESA1 application form, then the DWP will only have looked to see whether she was eligible for ESA based on her contributions and if she was not, rejected the claim.
If she did not make a Contribution only claim then they will first look to see whether she meets the Conts. requirement and if not whether she then meet the income and savings requirements.
So, if it was the former then she can make a new Income Related claim immediately, if it was the latter then her claim is on-going.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- nixart
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8 years 6 months ago #143146 by nixart
Replied by nixart on topic Insufficient NIC contributions. ESA declined
Thank you. Whats now confusing me is that if the claim is now void then why at the same time as rejecting it on contributions grounds did they ALSO send at the same time a capability for work questionnaire AND a letter saying the two month sick not will require extending ?
May I ask ....do I now ignore all this and start completely from scratch ? (ie there is NO way of converting the existig claim)
Finally would we still be able to benefit from the EXPIRED sick note that is now in dwp hands ?
Thanks again in advance
May I ask ....do I now ignore all this and start completely from scratch ? (ie there is NO way of converting the existig claim)
Finally would we still be able to benefit from the EXPIRED sick note that is now in dwp hands ?
Thanks again in advance
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- Gordon
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8 years 6 months ago #143149 by Gordon
I don't think you read my post properly!
If they have received an ESA50 then this would imply that the person did not opt for a claim based only on their Contributions and the DWP have gone on to assess them on their income and savings, so they have an on-going claim.
You mention an expired Fit Note, they need to maintain an active Fit Note with the DWP until a Decision on their claim is made, failing to do so will mean that payments are not released.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Insufficient NIC contributions. ESA declined
nixart wrote: Thank you. Whats now confusing me is that if the claim is now void then why at the same time as rejecting it on contributions grounds did they ALSO send at the same time a capability for work questionnaire AND a letter saying the two month sick not will require extending ?
May I ask ....do I now ignore all this and start completely from scratch ? (ie there is NO way of converting the existig claim)
Finally would we still be able to benefit from the EXPIRED sick note that is now in dwp hands ?
Thanks again in advance
I don't think you read my post properly!
If they have received an ESA50 then this would imply that the person did not opt for a claim based only on their Contributions and the DWP have gone on to assess them on their income and savings, so they have an on-going claim.
You mention an expired Fit Note, they need to maintain an active Fit Note with the DWP until a Decision on their claim is made, failing to do so will mean that payments are not released.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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