We cannot pay you Employment and Support Allowance

epitome

bigjl wrote: »

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.

No they don't qualify.

rogerblack

assj wrote: »

Thanks very much!

I have just been reading this;

• in one of the previous three tax years

This is incorrect.
It used to be that you could pick the tax year - now there are two relevant tax years - and you have to have had some form of NI contribution in both - in most cases that will mean significant employment in both years.

[Deleted User]

rogerblack wrote: »

[/LIST] This is incorrect.
It used to be that you could pick the tax year - now there are two relevant tax years - and you have to have had some form of NI contribution in both - in most cases that will mean significant employment in both years.

These are the two conditions listed on all advice pages.

However as you have said, they also say condition 2 is what you have just said

sammyjammy

epitome wrote: »

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.

Voluntarily paid conts wouldn't count whenever they were paid.

dktreesea

assj wrote: »

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.

Why didn't you pay voluntary NI, the class 2 contributions of around £2.70 a week or whatever it is these days, when you were self employed? I realise this is voluntary for profits below a certain amount, but it's a good idea to pay it, to ensure those self employed years count for your pension. Notwithstanding that paying it still won't entitle you to contributions based ESA.

[Deleted User]

dktreesea wrote: »

Why didn't you pay voluntary NI, the class 2 contributions of around £2.70 a week or whatever it is these days, when you were self employed? I realise this is voluntary for profits below a certain amount, but it's a good idea to pay it, to ensure those self employed years count for your pension. Notwithstanding that paying it still won't entitle you to contributions based ESA.

Hi, I didn't pay it because I hadn't realised at the time why it was important.

However I know realise that if I had done, I would have been entitled.

I did the same for maternity allowance, however I managed to pay it before I needed to make my claim and I was allowed to pay for 6 months prior to the date I started to pay.

I now understand that you can claim ESA using Class 2 NI contributions, however I would need 50 in each of the last two tax years, of which I only have 50 in one year currently. :cool:

P.S. - The earnings limits are treated as met when you use Class 2 NI and are not using the PAYE system. They did confirm this to me, if nothing else LOL.

epitome

sammyjammy wrote: »

Voluntarily paid conts wouldn't count whenever they were paid.

We were discussing paying her class 2 for the relevant year, if paid within a resonable time (but not after having a benefit refusal) these would count. see post #19

dktreesea wrote: »

Why didn't you pay voluntary NI, the class 2 contributions of around £2.70 a week or whatever it is these days, when you were self employed? I realise this is voluntary for profits below a certain amount, but it's a good idea to pay it, to ensure those self employed years count for your pension. Notwithstanding that paying it still won't entitle you to contributions based ESA.

Class 2 will count towards ESA C.

dktreesea

You can backdate class 2 contributions up to six years, if earning over that period of course. It's worth doing. Not for ESA but for the years to count towards the basic state pension.

I thought class 2 for self employed people didn't count for ESA contributions based? it never used to and still says it doesn't count on HMRC's website.

epitome

Self employed are not entitled to JSA C but they are entitled to ESA C

I think HMRC might say something like class 2 may not entitle you to benefits (talking about JSA), can you link to HMRC? If HMRC says it is an absolute "no" to any conts benefits then they are wrong.

[Deleted User]

Thanks all, it's really good to learn all of this. Unfortunately this time we won't benefit and will have to make do, but for next time we know and can make sure that we don't loose out through lack of knowledge.

If only benefit rules were a little easier to understand. I always feel for people that cannot access this forum or do not have skills that we do 1. to ask and 2. to undetand responses - seems a strange thing but I know of so many people that do not have a clue about any sort of support or welfare services.