not entitled to esa

sortinitout

Hi, I've recently been refused esa as my ni contributions weren't enough for years 2007 - 08 although I have worked full time since 2005 and part time before this and paid the correct amount of ni in this time. Is there anything else I could claim for? I can't get jsa as I am not fit for work at the moment. I live with my husband and 2 children my husband works full time and we get child tax credit. Thanks

NASA_2

Do you still have your P60's for the tax years you were told you havent paid enough NIC's? Sometimes the HMRC system doesnt show the right information and its that system that the DWP rely on to decide if ESA(C) is payable.

As for other benefits, means tested benefits are out because your husband works full-time, but Working Tax Credit might be payable.

sortinitout

i don't have my p60's got a feeling i binned them when i moved. is there any other way i can get the figures? thanks for your reply

[Deleted User]

you could appeal the decision get them to check again.

Starrystarrynight

Can you ask your employer to provide a letter stating the amounts paid for the relevant tax years.

NASA_2

sortinitout wrote: »

i don't have my p60's got a feeling i binned them when i moved. is there any other way i can get the figures? thanks for your reply

They can write to your employer - there is a form specifically for this kind of thing. A BF215C.

http://www.hmrc.gov.uk/pdfs/nico/ca75.pdf

The link above is guidance on what are called Benefit Involved Cases. Ask them to make a referral under this.

Always bearing in mind that the details held might be right and their decision was maybe correct.

mum-of-3

sortinitout wrote: »

Hi, I've recently been refused esa as my ni contributions weren't enough for years 2007 - 08 although I have worked full time since 2005 and part time before this and paid the correct amount of ni in this time. Is there anything else I could claim for? I can't get jsa as I am not fit for work at the moment. I live with my husband and 2 children my husband works full time and we get child tax credit. Thanks

I was in exactly the same situation as you last year. With ESA contribution based, and my husband works full-time. They said I had not paid enough NI contributions for the year they were looking at when I had actually worked full-time.
THe letter from ESA said I was not entitled. I contacted the NI credits helpline who looked at my record whilst I was on the phone and told me there was a gap in my record and for what months of that year there was a gap. That particular year the company I worked for got brought out whilst I was on maternity leave and my record had not been updated correctly. I could not find my P60 but had a few wage slips. I was sent a form from the helpline and I also wrote a letter stating how much roughly I would have earnt that year. It took about 8 weeks but they did sort and update my record. They then passed this information over to ESA who backdated my claim. It was a lot of stress but I knew I was right.
SO please pursue it if you know the year they are looking at you paid the correct NI contributions. Start with the NI credit helpline first, the number is on the HMRC website!