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TOPIC: ESA help and paying NI for my husband

ESA help and paying NI for my husband 3 months 4 hours ago #212357

Hi i wonder if you could help me please?
Im 43 and most my life i have been on benefits due to not being able to work because of agoraphobia.
Up until Jan 2017 i was getting ESA income related but sadly my dad died and i inherited money so could no longer claim ESA income related so stopped the benefit.
My husband and i are living on the money i inherited which is going down fast as i can no longer get housing benefit or council tax benefit either, my husband cant work as he is my carer (doesn't claim as carer)
Ive been told by a friend that i could possibly get ESA contribution based as its not means tested but they think i will need to of paid two years NI but not sure what type or for how long and the second year of that either be employed or self employed for a certain amount of time but didnt no how long.
Could you please tell me is it at all possible for me to try to claim ESA contribution based now or in the future and what i would need to do? How soon could i claim it please?
Also my husband and i have been living together for 14 years while i was claiming income support and then ESA income related, i put my husbands name on all the forms. A couple of days ago we checked are pensions and the DWP have not paid any NI for my husband in all those years. I was under the impression that as he was my husband and i was claiming as him being my dependant that they are meant to pay his stamp but they have paid nothing, is this wrong and what do i do about it please?
Thank you

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ESA help and paying NI for my husband 3 months 2 hours ago #212368

  • Gordon
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Sara

Based on your post I don't think that you will be able to claim Contribution Based ESA, to do so you will have to have worked during the Tax Years 2015-16 and 2016-17. which does not appear to have happened.

I'm afraid, whilst your ESA and Income Support claims treated you as a couple, only you benefited from the claim and received NI Credits which count towards a full State Pension, your husband did not.

He can pay for the missed years but it is expensive, see

www.gov.uk/voluntary-national-insurance-contributions/deadlines

Gordon

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

ESA help and paying NI for my husband 2 months 4 weeks ago #212388

Thank you very much for replying Gordon.
Regarding Contribution based ESA the DWP paid my NI up until Jan 2017, what would i need to do to be able to claim contribution based ESA please? I kinda understand about the 2 years NI but not properly. Is it April to April?

I read this but i dont really understand it.
First contribution condition - in one of the last two complete tax years, you must have paid Class 1 or 2 contributions on relevant earnings at the lower earnings limit for at least 26 weeks. This means you must have worked for at least 26 weeks of the last two complete tax years; and
Second contribution condition - in both of the last two complete tax years, you must have paid or been credited with, Class 1 or 2 contributions to the value of 50 times the lower earnings limit.
So have i got this right that to qualify for contribution based ESA second contribution condition i would of had to of paid 52 weeks NI for 2017-2018 and 52 weeks NI for 2018-2019?
If i paid that now myself would that qualify the second condition please? What does it mean 50 times the lower earnings limit? How much would i need to pay please?
First contribution condition says i - in one of the last two complete tax years, you must have paid Class 1 or 2 contributions on relevant earnings at the lower earnings limit for at least 26 weeks so if i now became self employed and paid my NI for the years 2018-2019 could i then claim ESA contribution based in April 2019? or could i claim it after only 27 weeks of being self employed and paying NI? I dont really understand it?

Basically what would i need to pay NI wise and do self employed wise to be able to claim Contribution based ESA in the future ie this year or next please?
Id like to become self employed but im a bit scared about using the money i have to set up a business and then it all going wrong because of my mental health and then not being able to pay rent and bills so if i know there is a safety net as such that i could claim ESA contrubution in the future IF it goes wrong id feel much better and worry less about it.

Regarding the NI for my husband, my brother gets contrubution based ESA and the DWP have been paying for his girlfriends NI and he doesnt claim for her as there isnt a couple rate so why have they been paying hers and not my husbands please?

Thank you for your help.

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ESA help and paying NI for my husband 2 months 4 weeks ago #212397

  • Gordon
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Sara

Tax Years run from April to April.

You might be able to meet the Second Condition using the NI Credits paid when receiving certain benefits but you will only be able to meet the First one with NI Contributions and these can only be acquired through employment or registered self-employment.

We are now in the Tax Year 2018-19 and Contributions from this Tax Year will not be usable until January 2020.

I can assure you that brothers ESA is not "paying" his girlfriends NI, she may be claiming a benefit that itslef pays NI Credits.

Gordon

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ESA help and paying NI for my husband 2 months 4 weeks ago #212411

Thank you for replying Gordon.
So have i got this right please? basically if i paid the NI for the years 2017-2018 myself and registered as self employed now and paid the years 2018-2019 i wouldnt be able to claim esa contribution based until Jan 2020? but i then would be able to and would meet both?
Jan 2020 is the earliest i could claim it even if i paid the years April 2017-April 2018 and April 2018-April 2019 and from now May 2018 i was self employed i still couldnt claim until Jan 2020?
Whats the 26 weeks thing then please? I thought it said that someone only needs to of worked and paid NI themselves for at least 26 weeks in the second year which for me would be now if i paid last years NI myself. Find it all so confusing.

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ESA help and paying NI for my husband 2 months 4 weeks ago #212421

  • Gordon
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Sara

This is a simplictic explanation, you can earn NI Contributions through employment or gain NI Credits from some benefits or by purchasing them directly. The First Condition (26 weeks) can only be met with Contributions, the Second can be met with Contributions or Credits.

It's not quite as simple as being self-employed your profits must be in excess £6,205 to allow you to purchase the necessary Contributions.

Only Contributions and Credits from the two full Tax Years preceding the Benefit Year can be considered. So for claims made in 2018 the Tax Years are 2015-16 and 2016-17, for 2019 they will be Tax Years are 2016-17 and 2017-18 and for 2020 they will be 2017-18 and 2018-19. the current Tax Year.

Gordon

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