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ESA confusion
- j
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12 years 8 months ago #91913 by j
ESA confusion was created by j
Please excuse me for being thick but i just cant get my head round it, can someone please put us right and explain whats what.
My wife took ill last year and was advised to put in for dla which we did and the missus got it for 1 yr pending a review roundabout now. Anyways we was also advised to put in for ESA which we did. We got a letter back saying she wasnt entitled because of 2 reasons, 1 i work fulltime over 24 hrs and 2 she hasnt payed in enough contributions (althou ive payed these upto date). The missus doesnt work and hasnt for a number of years.
So we thought nothing of it, but then recieved a letter to go for a medical at the jobcentre for an assesment to which we went and followed through all what was required. We was told we would either get a phone call or letter within a week or so, we recieved the letter today 4 weeks later only to find its the exact same type letter as the 1st one, not entitled for the same reasons?
Im just kinda confused, the missus hasnt worked for the past 20 years or so as this is what we wanted with the kids etc, and with her not paying any contributions i got in touch about them and have payed them up in full over the past 4 years to catch up.
Am i right in saying that because i work fulltime the wife cant get any benefit on health grounds? its confusing because i know other people whos husbands work and there partner gets the old incapacity benefit.
Any advise would be greatly appreicated.
My wife took ill last year and was advised to put in for dla which we did and the missus got it for 1 yr pending a review roundabout now. Anyways we was also advised to put in for ESA which we did. We got a letter back saying she wasnt entitled because of 2 reasons, 1 i work fulltime over 24 hrs and 2 she hasnt payed in enough contributions (althou ive payed these upto date). The missus doesnt work and hasnt for a number of years.
So we thought nothing of it, but then recieved a letter to go for a medical at the jobcentre for an assesment to which we went and followed through all what was required. We was told we would either get a phone call or letter within a week or so, we recieved the letter today 4 weeks later only to find its the exact same type letter as the 1st one, not entitled for the same reasons?
Im just kinda confused, the missus hasnt worked for the past 20 years or so as this is what we wanted with the kids etc, and with her not paying any contributions i got in touch about them and have payed them up in full over the past 4 years to catch up.
Am i right in saying that because i work fulltime the wife cant get any benefit on health grounds? its confusing because i know other people whos husbands work and there partner gets the old incapacity benefit.
Any advise would be greatly appreicated.
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- Gordon
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12 years 8 months ago #91916 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ESA confusion
J
To be eligible for ESA your wife needs to meet one or both of the basic criteria.
For Contribution Based ESA she needs to have accumulated sufficient NI Contributions during the relevant qualifying years, usually the two full Tax Years prior to the current year. NI Contributions can only be acquired through paid employment or registered self-employment.
For Income Related ESA there are no contribution requirements, however, eligibility is based on a means test that includes, assets, income, and a partners working hours.
From your post, she does not qualify for ESA(CB) as she has no NICs in the qualifying years and she in not eligible for ESA(IR) due to the number of hours you works.
You can purchase NI Credits, which it seems you have done, but these only count in part, not in full towards ESA(CB).
I hope this explains it.
Gordon
To be eligible for ESA your wife needs to meet one or both of the basic criteria.
For Contribution Based ESA she needs to have accumulated sufficient NI Contributions during the relevant qualifying years, usually the two full Tax Years prior to the current year. NI Contributions can only be acquired through paid employment or registered self-employment.
For Income Related ESA there are no contribution requirements, however, eligibility is based on a means test that includes, assets, income, and a partners working hours.
From your post, she does not qualify for ESA(CB) as she has no NICs in the qualifying years and she in not eligible for ESA(IR) due to the number of hours you works.
You can purchase NI Credits, which it seems you have done, but these only count in part, not in full towards ESA(CB).
I hope this explains it.
Gordon
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12 years 8 months ago #91923 by j
Replied by j on topic Re:ESA confusion
thanks gordon that explains perfectly, basically were up the swanny without a paddle (think thats the term lol) waste of time appealing then, thanks again. so much for catching up on the contributions ey
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12 years 8 months ago #91925 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ESA confusion
j wrote:
Gordon
I know it is small comfort, but the NI Credits you purchased will count towards your wife's State Pension, so the money was not entirely lost.thanks gordon that explains perfectly, basically were up the swanny without a paddle (think thats the term lol) waste of time appealing then, thanks again. so much for catching up on the contributions ey
Gordon
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12 years 8 months ago - 12 years 8 months ago #91928 by j
Replied by j on topic Re:ESA confusion
yea thanks, thats the main reason i got them. the wife has only just took ill this past 12 months, thanks again.
Last edit: 12 years 8 months ago by Gordon.
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