NI payments on joint ESA claim

mr_jpd

Hi,

My girlfriend and I are on a joint ESA claim. We just found out that they only pay national insurance credits for the main claimant (me), and that she hasn't had any NI paid for the 4 years we've been living together.

The ESA helpline told us (on multiple occasions) that she could make a "credits only" claim for NI at the jobcentre. When she went to the jobcentre though, they told her that she couldnt make such a claim if she was on ESA.

Does anyone know the truth of the matter and how to deal with jobcentre if it's the ESA people that are right?

I've been trying to find the legislation that covers this stuff but without any luck.

TELLIT01

Can you please clarify your girlfriend's situation. Is she also sick or simply on your ESA claim? If she is actively seeking work she can't make an income related claim but should be able to make a claim which would ensure her NI contributions were credited. When I worked on ESA it was commonplace for the partner of an ESA claimant to have their JSA claim handled manually for that very reason. The IT system won't allow the same person to be on 2 claims at the same time. Maybe that's why they told her she couldn't claim - they didn't want the extra work.
The bottom line though is that she would be expected to fulfil exactly the same requirements as anybody else on JSA i.e. jobseeking and all the stuff that goes with it.

mr_jpd

Thanks for replying. She's not unfit for work, just been unemployed a long time due to learning difficulties. Before we moved in together she was on jobseekers.

What you say ties in with what the ESA call centre said, although they didn't go into as much detail.

We've moved house now so I'll get her to try again and hopefully this jobcentre will handle things properly. What would your advice be if this lot try the same thing? At the last place even the manager told her it wasn't possible.

midnight_express

To get credits she would have to sign on and be actively be seeking work.

mr_jpd

midnight_express wrote: »

To get credits she would have to sign on and be actively be seeking work.

That's the problem, they wouldn't let her sign on. Told her the only way she could sign on was if I gave up my ESA claim.

TELLIT01

Make an appointment with Citizens Advice. This is a situation they should have come across before.

pmlindyloo

mr_jpd wrote: »

Hi,

My girlfriend and I are on a joint ESA claim. We just found out that they only pay national insurance credits for the main claimant (me), and that she hasn't had any NI paid for the 4 years we've been living together.

The ESA helpline told us (on multiple occasions) that she could make a "credits only" claim for NI at the jobcentre. When she went to the jobcentre though, they told her that she couldnt make such a claim if she was on ESA.

Does anyone know the truth of the matter and how to deal with jobcentre if it's the ESA people that are right?

I've been trying to find the legislation that covers this stuff but without any luck.

Are you receiving PIP or DLA? If so, which rates?

Do you have any children?

midnight_express

She can sign on for credits only. She can't claim job seekers. She needs to phone up and make an appointment.

TELLIT01

This link covers the OPs partner situation. Probably best if they can print it out and take it with them to the JC.

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

[Deleted User]

If she provides 20 hours care for you per week she may be able to get carers credit, she my thread "carers credit"

mr_jpd

Thanks for all your help everyone. Going to phone for another appointment at the jobcentre and speak to the citizens advice if we dont manage to get anywhere.

pmlindyloo wrote: »

Are you receiving PIP or DLA? If so, which rates?
Do you have any children?

No DLA or PIP just ESA support group. No kids.

midnight_express wrote: »

She can sign on for credits only. She can't claim job seekers. She needs to phone up and make an appointment.

Hopefully it will go better next time. We did phone up and they gave us an appointment for exactly that but when she turned up they said people in her situation couldn't make credits only claims. I dont know if they weren't aware they could do it or were just fobbing her off. I'll need to go along with her next time in case they try the same thing again. Her language skills aren't great and she's not really able to stick up for herself if they tell her no.

venison wrote: »

If she provides 20 hours care for you per week she may be able to get carers credit, she my thread "carers credit"

It could be argued that she does and I could probably get on PIP at a push but I wouldn't feel right claiming it as I don't really need it.

TELLIT01 wrote: »

This link covers the OPs partner situation. Probably best if they can print it out and take it with them to the JC.

Thanks, gonna print it out just now.