NS ESA NI class 3 contributions and disabled people

Hello.

Looking at the Equalities Act 2010 , specially this point : indirect discrimination - when a policy or rule has a worse effect on you because of your protected characteristic.

What are your thoughts please on the facts that long term disabled people who have been unable to work for several or many years ,so unable to have Class 1 ( employer paid) National Insurance contributions are being discriminated against by the DWP NS ESA rules of eligibility?

The case in point is a long term disabled person, with comprehensive medical evidence of such going back 30 years, unable to work for that amount of time. Was in a good financial position due to partners career, and also an Income Protection Plan paid out for most of that time.

Unfortunately, partner passed away in their 50s . Income protection plan expired 10 years later, when person turned 60 in 2025. Full PIP 2020 awarded.

So now PIP is only income. Does not qualify for UC as over the savings limit.

Refused NS ESA under only paying full Class 3 NI payments for 30 years, not Class 1 .

However,the reason they were unable to pay Class 1 NI was due to being permanently disabled. Full Class 3 paid all along.

Is this DWP policy indirect discrimination against disabled people under the Equalities Act 2010 : where indirect discrimination - when a policy or rule has a worse effect on you because of your protected characteristic.

I've looked for a test case on these grounds to no avail. Is this because there is no legal challenge to be made, I wonder.

Your informed take on this tooic is much appreciated.

Many thanks for all you do.