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Refused NS ESA for cancer, Carers Allowance NI credits only

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3 weeks 4 days ago #312302 by KMA1972
Hi all.
Quick question.
I have been refused NS ESA payment (awarded credits only due to cancer diagnosis) as I only have Class 1 NI credits from carers allowance in the previous qualifying tax years. Both years have full NI CA credits.

I understand that there is a rule which relaxes the first requirement, (rule 9) but does that mean that I still qualify with only Carers Allowance class 1 credits for the second qualifying requirement?

I am happy and confident to do the MR, just want to make sure that I'm arguing a valid point.

Thanks Kay

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3 weeks 4 days ago #312311 by latetrain
Hi KMA1972

Welcome to the forum.

You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.

To apply for NS ESA

You must have:

1. In one of the two relevant tax years, paid Class 1 contributions (and worked at least 26 weeks in one of these years), or paid Class 2 contributions, at least 26 times the lower earnings limit and
2. During both the relevant tax years, paid or been credited with Class 1 or 2 contributions at least 50 times the lower earnings limit.

Relevant Tax Years: the relevant years are the last 2 complete tax years (6 April - 5 April) before the current benefit year.

Benefit Year: runs from the first Sunday in January

You need to seek specialist advice from your local Welfare Rights Organisation: advicelocal.uk where they can take all your circumstances into consideration when giving you advice.

Gary

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

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3 weeks 1 day ago #312369 by KMA1972
Hi Gary.
Thank you for your reply.
I understand the normal qualifying NS ESA requirements, and as such I wouldn't qualify as I haven't received any Class 1 NI contributions from paid employment in the qualifying tax years.
However, if you have been receiving class 1 NI contribution from Carers Allowance within the qualifying years, then the first requirement is relaxed, needing only to satisfy condition 2.
www.legislation.gov.uk/uksi/2013/379/regulation/9/made.
My question is, would receiving only Class 1 credits from Carers Allowance be enough to satisfy the second condition.
Thanks

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2 weeks 4 days ago #312451 by David
HI KMA1972

Yes it is possible to qualify for payments of NS ESA via NI credits for Carer's Allowance.
You will find the details in this Entitledto article:-
www.entitledto.co.uk/help/employment-and...e-contribution-based

David

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2 weeks 4 days ago #312453 by KMA1972
Thank you David. I'll do the MR today.
The following user(s) said Thank You: David

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