ESA Declined confused

tibbers

Hi,
I applied for ESA last week for the first time, got a phone call yesterday from them basically saying i wasn't entitled to it.
The chap asked me some questions:
"Are you claiming for yourself?" I said, "yes but i am married"
"Does your husband work full time?" answered yes. He then said I was not entitled to esa on the income related side as my hubby earned too much. He then said
"do you want to claim on NI contributions?" i said " no i don't have enough contributions"
He then replied
"Ah yes, i did look it up before i phoned you and no you don't have enough"
So why the hell ask me if he already new????
He then said they could pay my NI stamps for me (i need roughly 6 months of stamps) but i would still have to go for a medical assessment, and if i pass, they would continue to pay them for me. I asked him if i could re-apply for ESA after i have finished paying my stamps, and he said "no as my situation will not have changed, but that they would go towards my state pension, but it looks like hubbys NI stamps will go towards you aswell as his NI contributions came up on computer also"...
Im confused about this (its a medical thing, i confuse easy and can't take alot of info in at one point, it's easier if i have it on paper and can keep looking back at it), If they are willing to pay my stamps for me so that i am upto date with them, why can i not claim esa on NI contributions?
Sorry for long post...
I asked him if i could re-apply for ESA after i have covered

McKneff

The NI contributions to enable you to claim benefits have to have been paid in the last two full tax years to qualify.

What you pay now in NI goes towards any claims in 2 years time....

When_the_going_gets_tough

I think that the Ni credits you can get whilst on benefits only count towards your pension and not towards claiming other contribution benefits. So if you do not have NI contributions now to claim CESA this will not change unless you are able to earn these in paid work. Sorry. Without knowing your condition if you have substantial care or mobility needs you could consider claiming Personal Independence Payment - this is not means tested and does not rely on your contributions.

tibbers

Thank you! Why on earth the chap couldn't of put it like that, in simple terms, I don't know... Makes sense now.
And yes I already claim DLA, not transferred onto PIP yet.. oh the fun lol

pmlindyloo

When_the_going_gets_tough wrote: »

I think that the Ni credits you can get whilst on benefits only count towards your pension and not towards claiming other contribution benefits. So if you do not have NI contributions now to claim CESA this will not change unless you are able to earn these in paid work. Sorry. Without knowing your condition if you have substantial care or mobility needs you could consider claiming Personal Independence Payment - this is not means tested and does not rely on your contributions.

According to this link

http://www.hmrc.gov.uk/manuals/eimanual/eim76186.htm

Class 1 credits are paid whilst you have a live claim for ESA and they do count towards future contribution based ESA.

bspm

Credits most certainly count towards State Retirement Pension, credits MAY count towards future claims for ESA, MAY being the operative word, usually credits of NI contributions will be considered if during the relevant claim period the claimant has actually done some work and paid contributions during that period, then, and from what I have been informed only then will credits be used for a decision on whether ESA payments will be made.

Sounds fair to me

WillowCat

pmlindyloo wrote: »

According to this link

http://www.hmrc.gov.uk/manuals/eimanual/eim76186.htm

Class 1 credits are paid whilst you have a live claim for ESA and they do count towards future contribution based ESA.

I'm working from memory here, but IIRC for the required two years contributions you still need at least six months of those to be actually 'paid via a job' contributions (full class 1), the rest can be credited ones from an ESA claim.

When_the_going_gets_tough

Thanks to everyone for the extra info -benefits really are a minefield so double checking everything is a good idea!

epitome

pmlindyloo wrote: »

According to this link

http://www.hmrc.gov.uk/manuals/eimanual/eim76186.htm

Class 1 credits are paid whilst you have a live claim for ESA and they do count towards future contribution based ESA.

But only alongside the other requirement to have had sufficent earnings, which at a minimum would have to be 26 x LEL in one of the tax years, i.e. £2,550 or £2,675 or £2,725

For the OP if not having claimed any benefits in the last two years 11/12 12/13 she would need to have earned £5,100 & £5,350 in those years to qualify for ESA Conts.

epitome

bspm wrote: »

Credits most certainly count towards State Retirement Pension, credits MAY count towards future claims for ESA, MAY being the operative word, usually credits of NI contributions will be considered if during the relevant claim period the claimant has actually done some work and paid contributions during that period, then, and from what I have been informed only then will credits be used for a decision on whether ESA payments will be made.

Sounds fair to me

No,
ESA credits or JSA or IS or CA credits will always be taken into account for a claim of contributions based benefit, each credit week on benefits is worth 1 x LEL towards the require ment to have 50 LEL in both tax years.
In addition to this, the claimant must have earnings of 26 LEL in at least 1 of those tax years.... credits do not go towards the requirement to have 26 LEL.

tibbers

Well i've received my letter today and it has made me laugh.. it is totally wrong! Here is part of what it says:

"Your Claim for Employment and Support Allowance

I am writing to tell you that the medical certificate you sent us, which covers the period from 2 July 2014 to 8th July 2014 is about to run out.
Please send us another medical certificate by 9th July 2014 if you are still sick and cannot work.
If you do not send us a medical certificate a letter from a GP or hospital this will result in your payment being stopped or suspended.'

yes the letter is addressed to me, my Ni number is also correct, the date is 9th October.
I have been told over the phone, I am not entitled to esa so how can they get it so so wrong??? July? I think were well past the 9th July now hahaha!!!