Would really like some help....am totally beside myself.

lindsey3uk

Ok to cut a long story short (even though this wont be) i was diagnosed with a rare illness when I was 14 (now 25) I have been unable to work although I have tried on and off because really I would love to be able to be well enough. My husband works, extremely hard but doesn't earn a great deal and now we have three kids things are tight. After having my second child I claimed ESA which I was contribution based but after my interview with ATOS they decided I wasn't eligible (same story for lots I know) I decided to appeal but it has taken a long time to happen and I finally have my date of 11th May - almost a year later. All the time a whole year has passed and I never knew I could still receive the benefit whilst I was waiting for appeal and the only reason I wasn't getting it was because my medical certificate ran out. When suddenly a sum of money appeared in my account. When I enquired they said that it was because they realised my benefit wasn't being paid but I needed a certificate for the remainder up until the date of my tribunal for it to continue which I got from my doctor. I received a tiny portion of the money I was owed which led to another phone call. All the time I am preparing for my tribunal which in itself has cost £60 already in doctors letters supporting my claim.

When I spoke to them again they said I needed to fill in another claim form for a period of time my husband wasn't living at home due to a break down in our marriage (by this time he was back home and we were living as married again) so I filled it it anyway for the period of time he wasn't here presuming for that period they would give me income related ESA and I would then be out back on CB ESA from 28th Novemeber which is when he returned.

3 weeks later I still hadn't heard so today I called them up to see what was going on only to find out that my contributions ran out in August 2012 which is when they money was paid up until. I was now being assessed for IR ESA which my husband earns slightly too much to get.

So my questions are a) what happens next? Surely there is no point going to the tribunal knowing I am not entitled to any money if my contributions have run out.

how do NI contributions work? I have been on a series of benefits over time because I am too unwell to work and have been since before working age. If there is a gap will I again be entitled to benefit from when I was receiving benefits that NI contributions get credited for. When the gap finishes so to speak.

C) Do national insurance credits even count towards benefit or is it just pension.

D) is there a way I can top up my contributions?

I was also self employed for a period of time when I tried to set up my own business so I could work from home at my own pace but I never paid Ni contributions because I didn't earn anything, is there some way I could back date them and pay he, if this is the period missing?

What can I do?

I am devestated, basically because I have spent so much time and emotional power on my tribunal as well as money I don't have and I now feel I am helpless and there is no point me going. I feel so bad for my husband who works so hard even thou he suffers from OCD and me getting this benefit meant he would be able to do less over time in a job he hates. And also because we have spent the money we thought we were owed three times over in our heads paying off debts and having a little bit more financial stability.

I just don't know where to go forward and wondered what you all thought?

TIA

Caz3121

lindsey3uk wrote: »

how do NI contributions work? I have been on a series of benefits over time because I am too unwell to work and have been since before working age. If there is a gap will I again be entitled to benefit from when I was receiving benefits that NI contributions get credited for. When the gap finishes so to speak.

NI contributions from benefits come from employed income. Type 1 are paid when you are an employee and as self employed you can pay type 2 which counts for ESA but not JSA


C) Do national insurance credits even count towards benefit or is it just pension.

The credits from being on benefit will count towards your pension but not other benefits. If you have child under 12 and receive child benefit in your name I believe this gives you the same

D) is there a way I can top up my contributions?

not for benefits...as above, if you have CB you won't need to

I was also self employed for a period of time when I tried to set up my own business so I could work from home at my own pace but I never paid Ni contributions because I didn't earn anything, is there some way I could back date them and pay he, if this is the period missing?

It appears you have received contribution based for the 12 month period and it then runs out. Then you move to income based which is affected by a partners earnings.

Does your husband claim working tax credits? He needs to be working over 24 hours which it is not clear if he does if he is earning just slightly over £111 per week

Have you looked at the benefits calculator to check on housing benefit etc

Sorry no idea about tribunal

epitome

lindsey3uk wrote: »

So my questions are a) what happens next? Surely there is no point going to the tribunal knowing I am not entitled to any money if my contributions have run out.

Wrong, if you win into the Support Group your conts payments will continue beyond the August 12, and you will get arrears for the year before that £34 a week.
If you win into the WRAG you will get arrears of £28 a week for the year upto August 12.

how do NI contributions work? I have been on a series of benefits over time because I am too unwell to work and have been since before working age. If there is a gap will I again be entitled to benefit from when I was receiving benefits that NI contributions get credited for. When the gap finishes so to speak.

No, if there is a gap you will have to work to get the entitlement back and earn approx £5300 each year for 2 consecutive years. EDIT this maybe incorrect it depends what you mean by "a gap".

C) Do national insurance credits even count towards benefit or is it just pension.

They do count towards benefits but only in conjunction with "work earned" credits.

D) is there a way I can top up my contributions?

Yes volunttary class 3 currently about £13.50 a week but they won't count towards benefits.

I was also self employed for a period of time when I tried to set up my own business so I could work from home at my own pace but I never paid Ni contributions because I didn't earn anything, is there some way I could back date them and pay he, if this is the period missing?

You could ask HMRC but this won't help you get ESA C now or in the future.

What can I do?

Read ESA214 and prepare for the appeal. by looking at the descriptors at the end of the document.

Horseunderwater

To get some further help and to perhaps ease the pressure on your OH as a couple. Can he do less hours at whatever pay rate he does and get Working tax credit instead - the cut off for a couple income wise is around £17.5k/annum. Or the other possibility is he gives up the job and you get Income related ESA as a couple and get full child tax credits for all the children. If you get put into the WRAG the weekly couple rate would be £141/ week or Support group it would be £169.10 per week. The CTC would be 2 x £2720 + £545 basic element/per year and you would get free school dinners when they are old enough. £13,317/ year WRAG or £14,778.20 Support group. You would also get help with Housing benefit and council tax support, free NHS prescriptions.
Do you get DLA? If not do you have care or mobility needs - may be worth applying for it if so.

lindsey3uk

Thanks all so much for your help. Having read Caz post I realise that actually even though she said on the phone my contributions had run out it is probably that the 365 days have run out because August 2011 was when my claim started and August 2012 is when I have been paid up to. Coincidence? May be which leads me to my next question:

Epitome

Quote:
C) Do national insurance credits even count towards benefit or is it just pension.
They do count towards benefits but only in conjunction with "work earned" credits.

Sorry can you just explain this to me please? I have worked on and off but haven't since 2010 some time (don't know the exact date) after which time I have been getting eligible benefits including ESA child/working tax credits. Would this mean I have a gap in my contributions in which case would mean the girl would be right in saying my contributions have ran out rather than my 365 days have ran out if that makes sence.

TIA xxx

epitome

To get ESA you can have been self employed or employed
To get JSA C you have to have been employed not self employed.

For employed peeps they have to have earned 50 times LEL lower Earnings Limit (see HMRC website approx £107 - £112 it changes each year) which amounts to about £5300 each year. For this rule you can use benefit credited NI... A "benefit credited NI' counts as 1 x LEL

But there is another rule which says out of the 2 years used to calculate benefit you must have worked and earned 26 x LEL

Benefits are calculated on relevant years

If you are claiming in Jan Feb or Mar 2013 the last 3 years are:
09/10
10/11
11/12
and the bolded ones will be used.

If you are claiming from April 6th 2013 onwards the last 3 are:
10/11
11/12
12/13
and the bolded ones will be used.

So, you, have been on benefits for a while so you have full benefit credits for tax years 10/11, 11/12 and 12/13, If you wanted to "renew" your contributions you would have to work in 2013 and earn employed 26 x £107 (approx) you can do it in 3 months if you earn £214 - £250 a week. And after working and earning enough 26 x LEL you would have to either keep working or claim another benefit for the period of no work to make sure your overall earnings/credits for the year 13/14 is 50 times LEL.

Then you will have renewed your contributions.....and you could make a new claim in 2015 but no earlier than that.

It's not as simple for self employed (for ESA) different rules are used, I think 26 times LEL means 26 weeks paid self employed conts, and 50 times = 50 weeks paid or credited by benefits.

Your contributions have not got "a gap". Your conts have entitled you to 365 days of ESA, and your 365 days have now run out. but if you get into Support Group you will be paid *on this claim* again. because in support group there is no 365 day limit.

lindsey3uk

So basically in short on my benefits credits I will be able to get ESA? As there is not a gap? If I get in the support group? Sorry I am so confused, and my illness itself doesn't help as it is neurological and all this is just so jumbled to me. Xx

HB58

On your current ESA claim you will still be able to get ESA if you are put into the Support Group at tribunal. If you are not put into the Support Group you will continue to get NI credits and will also be subject to periodic reassessments. If you are put into the Support Group at any time in the future you will get payments again - as long as your claim has not been broken in the meanwhile (this could happen by you breaking your claim in the hope of claiming again at some stage, or if you are found fit to work by one of the assessments and you either do not challenge it or go to tribunal which finds against you).

epitome

Based on your current claim you are entitled to ESA C.
ESA C WRAG/ASSESSMENT RATE only lasts 365 days if you win appeal into WRAG your existing claim will owe you some arrears but no more than that, you will then continue to get NI credits.


ESA C SG is unlimited.

• If you win appeal into SG you will get arrears and ongoing fortnightly payments aswell.
• If you pass this upcoming WCA or ANY subsequent WCA into the SG you will start to receive weekly payments again.
• If you break your claim for longer than 12 weeks (close your claim) because, say, you found F/T work or left the UK for a long time. Your existing entitlement to ESA C will cease.
• If this happens you will only regain your ESA C entitlement for a claim in 2015 or after by doing what I said above.