Contribution ESA

Ruby100

The requirements for claiming ESA(CB) can be complicated as there are a number of exceptions so I cannot give you a definitive answer.

There are two basic conditions that you will need to meet.

They will look at the two complete Tax Years preceding the year that the claim is made in. For 2017 this will be 2014-15 and 2015-2016

The First Condition can only be met by Class 1 or 2 NI Contributions. You need 26 weeks in one of the two Tax Years.

The second can be met by either Class 1 or 2 NI Contributions or Class 1 Credits, the latter are paid when receiving benefits such as ESA. You need 50 weeks of NICs or Credits in both of the Tax Years.

You may be able to qualify if you do not have the full amount of NICs or credits but this will be dependant on the Decision Maker and you may need to argue your case as they don't always understand the exceptions.

Gordon

Ruby100 wrote: Thanks
I understand tho that the 1st condition is about 26 weeks rather than 50 weeks which is the 2nd condition?

No you're right only read the first paragraph

Gordon

Ruby100 wrote: Ok thanks, sorry off sick and dosed up with high dose steroids and pain relief messing with my head

can I ask - the second condition - the 50 weeks, it's not clear to me if earnings have to the LELs for 50 weeks or the TOTAL amount earn has to equal the 50 weeks e.g. £5,450 in total. So you can in theory work for less than 50 weeks and still have fulfilled this criteria?

Thanks for your help

Ruby

No! you need to meet the threshold in any week or month (you cannot average between the two), in which you are paid, so if you earn £100 in one week and then £200 in the next, then you will only receive NICs for the second week.

We had a lady on the forum a while ago, who was doing two jobs and was earning in total, well over the LEL, but because neither job was paying over the LEL she had received no NICs at all.

The only way to know what NICs you will have is to ask HMRC for a statement.

Gordon