Error by job centre with NIC's

snapdogs

My husband had a major accident 6 weeks ago he has been told that he could be out of work for 6 months. We applied for ESA and were told last week that he has not paid enough NI to receive this payment. I went to our bank last week and discovered that NIC's have not been taken from our bank since Sept 2011? I phoned NIC office today to be told that my husband is in receipt of JSA so his payments are being made by job center.. I said no my husband was out of work 3 yrs ago for 8 months, at that time we never received any JSA either.... As far as NIC are concerned my husbands stamps were paid up to date at 2009 and still are! I have just phoned ESA and been told that someone will phone me within 3 hours! Has anyone any advice, or been in this situation?

Horseunderwater

Is he self employed perchance? Because if he is, then no he would not have paid the right type of NI contributions to get JSA - I am going by what you said about the bank paying his stamps.
Only people who work for an employer pay class 1 NI stamps direct and it those that qualify you for contributions based JSA/ESA. Self employed people are expected to take out an insurance policy that will cover them in the event of something like this happening. Sad but true. And if as you say the bank did not pay them - it still does not matter as they would still have been wrong type.

Caz3121

Horseunderwater wrote: »

Is he self employed perchance? Because if he is, then no he would not have paid the right type of NI contributions to get JSA - I am going by what you said about the bank paying his stamps.
Only people who work for an employer pay class 1 NI stamps direct and it those that qualify you for contributions based JSA/ESA. Self employed people are expected to take out an insurance policy that will cover them in the event of something like this happening. Sad but true. And if as you say the bank did not pay them - it still does not matter as they would still have been wrong type.

Whilst this is correct for JSA, class 2 contributions paid by self employed do count for contribution based ESA
http://www.hmrc.gov.uk/ni/intro/benefits.htm

snapdogs

Jobseeker's Allowance - the 'contribution-based' element is covered.. and yes SE.

Cpt.Scarlet

To claim ESA in 2012 he needs to have NICs in the tax years 2009-10 and 2010-11, so unless the oustanding NICs can be paid for, he won't qualify for ESA(CB), is there a reason that he doesn't qualify for ESA(IR)?

snapdogs

JSA did not tell NIC that he was no longer claiming JSA so NIC have him as still claiming JSA and that JSA are still paying his contributions! In fact up until 2009 he was paid up JSA have cocked up by not telling them that he is no longer claiming JSA... if that all makes sense...

Cpt.Scarlet

snapdogs wrote: »

JSA did not tell NIC that he was no longer claiming JSA so NIC have him as still claiming JSA and that JSA are still paying his contributions! In fact up until 2009 he was paid up JSA have cocked up by not telling them that he is no longer claiming JSA... if that all makes sense...

I understand what you are saying, but the bottom line is that the NICs have not been paid for and therefore cannot be taken into account. If he pays for them now, then it should be possible to get them taken into account, however, I would get face to face advice from your local CAB or Welfare Rights before proceeding.