Help with esa

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Cassie40
Cassie40 Posts: 3 Newbie
in Benefits & tax credits
Hi
I've put a claim in for cont esa from 1st April. I received a letter today telling me I have been rejected as I have paid enough ni in tax years 14/15 and 15/16.
I have checked on my ni record and it shows full ni credits of 52 weeks for year 14/15 ( I received tax credits) and £744 national insurance paid for 15/16. I cannot find how many weeks this was for in payments but I think this was over 29 weeks. Can anyone please advise as to why I have been refused?

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  • antrobus
    antrobus Posts: 17,386 Forumite
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    Cassie40 wrote: »
    Hi
    I've put a claim in for cont esa from 1st April. I received a letter today telling me I have been rejected as I have paid enough ni in tax years 14/15 and 15/16.
    I have checked on my ni record and it shows full ni credits of 52 weeks for year 14/15 ( I received tax credits) and £744 national insurance paid for 15/16. I cannot find how many weeks this was for in payments but I think this was over 29 weeks. Can anyone please advise as to why I have been refused?

    See here (I think)
    http://www.entitledto.co.uk/help/employment-and-support-allowance-contribution-based

    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....The lower earnings limit for the 2014/2015 tax year was £111 per week, for 2015/2016 it was £112 per week....

    Presumably, you have insufficient NI for 2015/2016.
  • Cassie40
    Cassie40 Posts: 3 Newbie
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    Hi
    It does say I have 52 weeks credit in 15/16. I'm sorry I'm so confused to how it works!
  • Alice_Holt
    Alice_Holt Posts: 5,950 Forumite
    First Anniversary Name Dropper First Post
    edited 14 July 2017 at 10:22PM
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    Did you earn more than £5,600 Gross in both 15/16 and 14/15?
    (That's 50 times the LEL of £112pw)
    Did you work for at least 26 weeks in either tax year?

    If so it's worth challenging the decision, as the DWP do sometimes get this wrong.

    Ask for a mandatory reconsideration of the decision and enclose details of your NI record for 14/15 and 15/16.

    https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-a-benefit-decision/challenging-a-dwp-benefit-decision-on-or-after-28-october-2013/appealing-against-a-benefit-decision/appealing-against-a-dwp-benefit-decision/

    Your local CAB may be able to help.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • Cassie40
    Cassie40 Posts: 3 Newbie
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    Hi
    I definitely earned over that in 15/16. I'll give cab a ring on Monday thankyou for your advice! Where can I find out how many weeks I have paid ni to make sure I qualify for the 26 weeks?
  • Alice_Holt
    Alice_Holt Posts: 5,950 Forumite
    First Anniversary Name Dropper First Post
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    https://www.gov.uk/check-national-insurance-record

    or

    go back through your salary slips?
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • epitome
    epitome Posts: 3,199 Forumite
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    I don't think "Tax Credits" get's you "NI benefit credits"
    and if they do, then I don't think they qualify you towards Primary Benefits.

    All you need do is answer these questions:
    Did you claim any benefits from this list in 14/15 or 15/16?
    * Carer's Allowance
    * Income Support
    * Job Seekers Allowance
    * Employment Suport Allowance
    * Universal Credit

    If yes, how many weeks in which of the tax years?
    each full week of benefit will give you 1 NI credit in that tax year.

    Without any of the above credits, your earnings for each of the two tax years need to be in the region of £5600 You need this amount of earnings for both years.

    In addition, in one year you need to have worked at least 26 weeks earning at or above LEL (approx £112).

    It sounds to me like your 14/15 year has not enough earnings in it and you have not claimed any of the other benefits I mentioned to bring you up to qualifying.

    You have a few choices
    * Claim ESA IR if entitled to
    * Remain on ESA C NI Credits only, return all forms go to medical, (pass or fail medical)
    * Close the claim now and re claim again in January 2018 from January 2018, I think from the first Monday in January (not sure about that bit but someone else can tell you the start of the benefit year)

    If you stay on the claim now, you get NI credits while you are assessed, but if you fail the medical, it will make claiming again in Jan 2018 much more difficult.

    If you close the ESA claim now, you claim again in 2018 and assuming you also have earned circa £5700 in 16/17 you *might* qualify in 2018.
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