ESA - Not entitled

northernireland10

Hi
Wife is off at minute sick (she is now self employed).
Her claim has taken 4 weeks to get a decision and yesterday she received a letter stating she was not entitled to ESA (Contribution Based) as she didn't have enough NI contributions in 13/14 & 14/15 years
HMRC has said there is no problems 13/14 year it seems to be 14/15 year.
She was on maternity leave 14/15 year and employed April - June 2014 she didn't pay any NI due to not earning enough. She became self employed July 2014 and for the rest of tax year she paid NI contributions.
Could we appeal this case? HMRC have said that she cannot pay the gap in NI contributions.
Thanks,
NI10

chrisbur

Has she applied for NI credits for the time off on maternity leave if on SMP?
Is the maternity leave the only gap there is in NI record?


Details for Maternity credits for SMP time here....


https://www.gov.uk/national-insurance-credits/eligibility


You’re on Statutory Maternity, Paternity or Adoption Pay, or Additional Statutory Paternity Pay, and you don’t earn enough to make a qualifying year Apply for Class 1 credits. Write to: National Insurance contributions and Employers Office, HM Revenue and Customs, BX9 1AN. Include your National Insurance number and say when the credits are for and why you’re eligible

[Deleted User]

If she was getting child benefit in her name would she not qualify for HRP N.I credits?

Darksparkle

venison wrote: »

If she was getting child benefit in her name would she not qualify for HRP N.I credits?

Child benefit gives class 3 contributions.

northernireland10

Thanks for the help so far.

After another call to HMRC yesterday, it is definitely June 2014 is the problem. Wife was employed up to 21st June. If she applies to get those credits for June will it cover her for ESA contribution based?

HappyMJ

northernireland10 wrote: »

Thanks for the help so far.

After another call to HMRC yesterday, it is definitely June 2014 is the problem. Wife was employed up to 21st June. If she applies to get those credits for June will it cover her for ESA contribution based?

No..........

Otherwise no-one would pay until they were just about to claim.

It's insurance. You need to have paid the right premium i.e class of contribution before you claim.

Darksparkle

northernireland10 wrote: »

Thanks for the help so far.

After another call to HMRC yesterday, it is definitely June 2014 is the problem. Wife was employed up to 21st June. If she applies to get those credits for June will it cover her for ESA contribution based?

You say she was on maternity for 2014/15 but then say she was employed April to June then self employed from July?

Do you mean she was on maternity for 2013/14?

When employed, did she earn enough to get NI credits? So over £111 per week?

northernireland10

Darksparkle wrote: »

You say she was on maternity for 2014/15 but then say she was employed April to June then self employed from July?

Do you mean she was on maternity for 2013/14?

When employed, did she earn enough to get NI credits? So over £111 per week?

She was employed by a company during 2013/14 in that year she was employed and was on Statutory Maternity pay up to 21st June 2014.
She became self employed in July 2014.


June 2014 - she did not earn enough to pay NI. (June 2014 is only month she didn't earn enough.)
This seems to be the break in NI contributions which is stopping her claim for ESA.

Darksparkle

northernireland10 wrote: »

She was employed by a company during 2013/14 in that year she was employed and was on Statutory Maternity pay up to 21st June 2014.
She became self employed in July 2014.


June 2014 - she did not earn enough to pay NI. (June 2014 is only month she didn't earn enough.)
This seems to be the break in NI contributions which is stopping her claim for ESA.

Sorry I wasn't asking if she earned an enough to pay NI, I asked if she earned enough to get NI credits. So in June did she earn more than £481?

She doesn't actually need to pay NI every month to be able to claim.

You must have made the following level of National Insurance Contributions:

in one of the last two complete tax years, you must have paid Class 1 or 2 contributions to the value of 26 times the lower earnings limit; and
in both of the last two complete tax years, you must have paid or been credited with, Class 1 or 2 contributions to the value of 50 times the lower earnings limit.

northernireland10

Darksparkle wrote: »

Sorry I wasn't asking if she earned an enough to pay NI, I asked if she earned enough to get NI credits. So in June did she earn more than £481?

She doesn't actually need to pay NI every month to be able to claim.

You must have made the following level of National Insurance Contributions:

in one of the last two complete tax years, you must have paid Class 1 or 2 contributions to the value of 26 times the lower earnings limit; and
in both of the last two complete tax years, you must have paid or been credited with, Class 1 or 2 contributions to the value of 50 times the lower earnings limit.

Thank you for replying, In June 2014 she was paid £414.54.