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4 years 1 month ago #246068 by grace
Replied by grace on topic NI credits

NI Credits are paid because the claimant has Limited Capability for Work (LCW), whilst there would have to have been a claim for ESA, I'm not sure it applies to UC, in order to establish the claimant had LCW, there is no requirement for an on-going ESA claim in order for the claimant to maintain the LCW and as a consequence the payment of the Credits. The LCW continues until a Decision is made that they no longer have it or their actions, starting work as an obvious example, means that such a Decision would be made,


Gordon, so when my capital will soon exceed £16,000 again, how do I keep getting the NI credits? There will be no ESA(IR) claim open but I will still have LCW due to my severe illness. How long will the DWP recognise that I have LCW for (in order for me to keep getting NI credits)? Would the fact that I still receive DLA (soon to be PIP) whilst my ESA(IR) claim is closed help them in this?

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4 years 1 month ago #246072 by Gordon
Replied by Gordon on topic NI credits
Grace

NI Credits are only paid with income replacement benefits such as ESA and UC (there are others), so your only option is to purchase yourself, Class 3 Ni Credits through the voluntary purchase scheme.

www.gov.uk/pay-voluntary-class-3-national-insurance

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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4 years 1 month ago #246102 by JJ
Replied by JJ on topic NI credits
I had a conversation with the DWP the other day regarding NI payments. I had to contact them as my partner who receives ESA IR may be in a position in a couple of months when his capital will exceed £16,000. I was told clearly that when this happens, his award would go to a 'nil' award, (until further notice upon depletion of capital) but his NI contributions would be continued to be paid by their department.

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4 years 1 month ago - 4 years 1 month ago #246103 by Gordon
Replied by Gordon on topic NI credits
JJ

Thank you for your post.

My understanding was that this only applied to ESA(CB) claims (see below) but after doing some checking I've found several authoritative posts and a link to the legislation which basically says that providing the claimant still has Limited Capability for Work then they should be entitled to NI Credits, so thank you again for making me check. :)

However (from above), it is incorrect to say that they have a nil income claim there is no such thing.

First, NI Credits are not paid via the ESA legislation but rather the Social Security (Credits) Regulations so there is no need for there to be an ESA claim for someone to receive NI Credits although they must have had one originally.

Secondly, If a claimant was only eligible for ESA(IR) and they then cease to be eligible, for example; they exceeded the capital limits, then their ESA claim is ended and they will not be able to "restart" their ESA(IR) claim should their capital drop below the limit.

It appears that Grace has been very lucky and the DWP have reinstated her ESA(IR) claim when they should not have, it is possible that your friend will also be lucky but they should not rely on it happening again and would normally be expected to make a new claim for Universal Credit.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 4 years 1 month ago by Gordon.

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4 years 1 month ago #246106 by JJ
Replied by JJ on topic NI credits
Yes, thank you Gordon.
And they (the DWP) did explain to me that the ESA IR could only be re-instated if the capital depleted back to under £16,000 within a 4 week period (as you have made clear in previous posts on this subject). Anything over 4 weeks would mean the person would then have to claim Universal Credit. If anyone is in this situation, it is obviously vital for them to repay any outstanding debts as of immediate effect of them receiving any capital if this is likely to bring them back down below the £16,000. This way they may be able to link back into ESA IR before the strict 4 week ruling.

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