Incapacity Benefit and National Insurance Contributions?

AyeReady1985

Hi all,

I wonder if you can help.

My Mum has been receiving incapacity benefit for the past 12 years due to persistent and ongoing medical issues. Well anyway she has recently been deemed fit to return to work and he incapacity benefit has ceased.

She is actively looking for a job however she is finiding it difficult due to her age and medical issues.

Anyway she applied for Contribution Based JSA however they have advised that she does not qualify for this as she hasnt paid enough class 1 contributions for NI. I was under the impression that any incapacity benefit would include NI contributions? Is this not the case and does she have good grounds for an appeal?

Many thanks for any help,

nannytone_2

the NI contributions made whilst on icapacity benefit count towards the state pension and not other work related benefits

Caz3121

Incapacity benefit will include the NI contributions that count towards her state pension. Class 1 contributions which are required for CB JSA come from employment as an employee (self employed pay class 2 so cannot get CB JSA either)

http://www.hmrc.gov.uk/ni/intro/credits.htm#1

http://www.hmrc.gov.uk/ni/intro/benefits.htm

rogerblack

She should consider carefully if she was properly found fit for work.
Would she for example get more than 15 points on http://www.tameside.gov.uk/esa/wca#LCW ?
If this is so, or if it would put her health at risk to work - she is entitled to ESA.
She can and should appeal this decision - even if it has been over a month since the decision.
If it has not been a month, she should phone up TODAY if the deadline is soon, and request a 'written statement of reasons' for the decision to not grant her ESA.
This will extend the deadline she can appeal in.
If it's been more than a month, she can still appeal, but it would be a 'late appeal'.
She has to show cause for this - this could be for example that she was misadvised that she could not get ESA.