We cannot pay you Employment and Support Allowance

sammyjammy

epitome wrote: »

Because you backdated the claim to start from within 2012....but given your application date this would be impossible to do. Which means the following must apply.

Because you had a previous claim to ESA which recently finished in the last 6 months...When did it finish? And what date did you claim from on your new claim?

The only other reasons would be

• You typo'd the OP
• They typo'd the letter and they actually used ending April 11 and ending April 12

The letter would have been computer generated, no typo, would have to be input error on claim or something.

[Deleted User]

SORRY! Because I'm stupid and now completely confused.

They say they have used the tax years ending 5th April 2010 and 5th April 2011.

The relevant NI was paid in tax year ending April 2012. But as you can see they have not use this.

The application was two weeks ago and the first sickness occured on 1st April 2013.

Thanks again - all, think I'm going mad!

Horseunderwater

assj wrote: »

SORRY! Because I'm stupid and now completely confused.

They say they have used the tax years ending 5th April 2010 and 5th April 2011.

The relevant NI was paid in tax year ending April 2012. But as you can see they have not use this.

The application was two weeks ago and the first sickness occured on 1st April 2013.

Thanks again - all, think I'm going mad!

If your first Period of sickness was this year (2013) then they should be using the years ending 2011 & 2012 - ring them up and tell them that and could they recheck your NI contributions record again.

[Deleted User]

Thanks very much!

I have just been reading this;

• in one of the previous three tax years, have paid some Class 1 or 2 contributions to the value of 25 times the lower earnings limit; and
• in each of the two previous complete tax years, have paid or been credited with, contributions to the value of 50 times the lower earnings limit.

So does that mean? NI has to have been paid in years 2010/2011 and 2011/2012? Not just in one of the years, but in both years?

Sorry I must sound really silly

epitome

Let's get some things straight.

• Did you have a claim to ESA before this one in the last 6 months? yes/no
• You claimed in April 2013 what date did you ask the claim to start from?
• The letter definately says used the tax years ending 5th April 2010 and 5th April 2011
• The letter does not say used the tax years ending 5th April 2011 and 5th April 2012
• Do you live with a partner?
• Does your partner work full time?
• Do you have savings more than £6000, more than £16000?
• Have you been on any benefits since 2010? Name the benefit and the dates
• Have you been employed or self employed?
• In tax year 10/11 did you earn £5300 or more?
• In tax year 11/12 did you earn £5400 or more?

[Deleted User]

epitome wrote: »

Let's get some things straight.

• Did you have a claim to ESA before this one in the last 6 months? yes/no

NO, NEVER CLAIMED BEFORE

• You claimed in April 2013 what date did you ask the claim to start from?

1st APRIL 2013

• The letter definately says used the tax years ending 5th April 2010 and 5th April 2011

YES, 100% JUST CHECKED AGAIN

• The letter does not say used the tax years ending 5th April 2011 and 5th April 2012

NO CERTAINLY NOT :-/

• Do you live with a partner?

YES, CLAIM WAS FOR CONTRIBUTION BASED DUE TO THIS

• Does your partner work full time?

YES, PLEASE SEE ABOVE

• Do you have savings more than £6000, more than £16000?

NO

• Have you been on any benefits since 2010? Name the benefit and the dates

YES MATERNITY ALLOWANCE DURING 2012

• Have you been employed or self employed?

I'M BOTH CURRENTLY AND PREVIOUSLY

• In tax year 10/11 did you earn £5300 or more?

NO

• In tax year 11/12 did you earn £5400 or more?

YES

THANK YOU SO MUCH> SORRY ABOUT CAPS, DIDNT KNOW HOW ELSE TO MAKE IT STAND OUT

epitome

assj wrote: »

THANK YOU SO MUCH> SORRY ABOUT CAPS, DIDNT KNOW HOW ELSE TO MAKE IT STAND OUT

Caps were good.

OK I reckon they have put a typo on the letter and they meant to say ending 2011 and ending 2012

A phonecall to ESA and ask them to look at screen 504 would get you answer to which tax years were actually used.

However, even if they did use the wrong years, and they subsequently recalculate using the correct years 10/11 & 11/12... You won't qualify because you did not earn enough in 2010/2011

The £5300/5400 amounts above refer to employed earnings only,
self employed earnings/NI contributions are looked at in a different way.... I don't have the information on this to hand.... so if you worked self employed in those tax years there is a slim chance you could qualify.

[Deleted User]

Thanks unfortunately I was self employed in the year 2010/2011 but didn't pay NI, so I guess that means nothing for me :-/ - Well it's my partner not me! Someone may well pick me up on that.

I think my confusion came from condition 1 I meet, but not condition 2 if I'm thinking right.

Thanks again, I really appreciate your advice.

I heard you could pay your NI for the relevant year, but I'm unsure now if I can.

bigjl

Don't you qualify for Income Based ESA?

Income based means you can get other help such as SMI to help with your mortgage interest.

Sorry, just seen you have a partner working F/T.

epitome

You could try paying for the relevant year, but I understand if you do that after claiming benefit after getting a refusal and you do it in order to get a different decision ... then it doesn't work.

If you pay just before claiming, I'm not sure how they would view it.

In my opinion it's worth paying it anyway, you would have another year towards your pension if you did pay it, and you could then try claiming again...nothing to lose in my opinion.