- Posts: 23
× Members
ESA (INCOME RELATED)
- kat50
- Topic Author
- Offline
Less More
8 years 2 months ago #151795 by kat50
ESA (INCOME RELATED) was created by kat50
Are you able to tell me -
If someone has paid full NI contributions (+30 years), but was on SSP for the year before they had to give up work due to ill health, has had the WCA and been told they are not going to be fit to return to any employment, and are entitled to the Support Group ESA, but has had the ESA assessed as being Income Related and so will not receive any benefit (because husbands small private pension has been taken in to consideration, he is age - retired)
Should the ESA be paid as Contribution based as they were registered as in employment until they left on ill-health grounds and then made a claim for ESA.
Should they be asking for a MR on the grounds it should be CB ESA and not IR?
Thank you.
If someone has paid full NI contributions (+30 years), but was on SSP for the year before they had to give up work due to ill health, has had the WCA and been told they are not going to be fit to return to any employment, and are entitled to the Support Group ESA, but has had the ESA assessed as being Income Related and so will not receive any benefit (because husbands small private pension has been taken in to consideration, he is age - retired)
Should the ESA be paid as Contribution based as they were registered as in employment until they left on ill-health grounds and then made a claim for ESA.
Should they be asking for a MR on the grounds it should be CB ESA and not IR?
Thank you.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51076
8 years 2 months ago #151804 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA (INCOME RELATED)
Kat
It's not whether you have worked prior to your claim, but whether you have paid NI contributions during this time that will determine whether you will receive Contribution Based ESA or not.
Your posts from about 8 months ago say that you were receiving Contribution Based ESA at that time.
They will look at the two full Tax Years prior to the year of your claim, so if you made a claim in 2015 then the Tax Years used would be 2012-13 and 2013-14.
You mention the SG but were you in the WRAG previously, if you were then your ESA(CB) would only be payable for the first 365 days after which you would only be eligible for ESA(I), however if you were then moved to the SG then your ESA(CB) would be re-instated.
If the DWP have put you on ESA(IR) and you believe that you should qualify for ESA(CB) then you should request a statement from HMRC. See
www.gov.uk/check-national-insurance-record
Gordon
It's not whether you have worked prior to your claim, but whether you have paid NI contributions during this time that will determine whether you will receive Contribution Based ESA or not.
Your posts from about 8 months ago say that you were receiving Contribution Based ESA at that time.
They will look at the two full Tax Years prior to the year of your claim, so if you made a claim in 2015 then the Tax Years used would be 2012-13 and 2013-14.
You mention the SG but were you in the WRAG previously, if you were then your ESA(CB) would only be payable for the first 365 days after which you would only be eligible for ESA(I), however if you were then moved to the SG then your ESA(CB) would be re-instated.
If the DWP have put you on ESA(IR) and you believe that you should qualify for ESA(CB) then you should request a statement from HMRC. See
www.gov.uk/check-national-insurance-record
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.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris