NI Credits problem

Alice_Holt

marliepanda wrote: »

Why are you continually surprised by this? Of course they cannot guarantee that.

You are working, so there is every possibility you may be found fit to work and not to have 'limited capability' for it. There is also every chance you will qualify.

A medical retirement from one job 9 years ago means you were medically unsuitable for that job only. It doesnt give you carte blanche to be unsuitable for any job ever again. You know that. You have a job.

I suspect his UC claim will fail because he has over £16k in savings (re his opening post).

The route I think he should be taking to get his NI Credits has been linked to in xylo's post back in March - a freedom of info request about the process of claiming NI credits in a UC area when this means tested benefit can't be claimed. See also my earlier post @ 60, (after I also alighted on this info (having missed xylo's post)), in which I summarised the procedure as outlined by the DWP FoI officer.

I am puzzled why he is still appears to be going down the UC route when he knows he is not eligible for UC. It would seem he has sidetracked himself away from the original NI credits only issue , and is now disagreeing with other posters about the WCA.

Still, I shall await the next installment of this saga. If he is serious about his NI credits problem, he should get an intelligent family member to explain the process outlined in the FoI response to him, and then help him with this process. Otherwise this thread is likely to be still going in another 5 months time.

bspm1

50Twuncle wrote: »

Had 2 hour meeting this morning at JCP - Filled in all forms on-line

Still need sick/fit note from GP (my appointment last thursday was changed to a phone appt.)
Then I will be called for a DWP medical !!
I have no idea why / what they hope to achieve - but a medical is called for !!
Considering - I have been medically retired TWICE and now work 10 hours per week...

Of course you have to have a medical.

I too was medically retired from a Civil Service job, I managed to work four years more elsewhere for 8 hours a week before realising that I could no longer manage even those few hours.

Just because you are medically retired from one job does not mean you cannot do any job and for that reason alone a medical is required.

50Twuncle

Alice_Holt wrote: »

I suspect his UC claim will fail because he has over £16k in savings (re his opening post).

The route I think he should be taking to get his NI Credits has been linked to in xylo's post back in March - a freedom of info request about the process of claiming NI credits in a UC area when this means tested benefit can't be claimed. See also my earlier post @ 60, (after I also alighted on this info (having missed xylo's post)), in which I summarised the procedure as outlined by the DWP FoI officer.

I am puzzled why he is still appears to be going down the UC route when he knows he is not eligible for UC. It would seem he has sidetracked himself away from the original NI credits only issue , and is now disagreeing with other posters about the WCA.

Still, I shall await the next installment of this saga. If he is serious about his NI credits problem, he should get an intelligent family member to explain the process outlined in the FoI response to him, and then help him with this process. Otherwise this thread is likely to be still going in another 5 months time.

Thanks - I did ask about "new style ESA" at the meeting, yesterday - but was told that it was not available in our area !!
So its UC or nothing.
Which is the reason that I am stuck going down the UC route.

calcotti

50Twuncle wrote: »

Thanks - I did ask about "new style ESA" at the meeting, yesterday - but was told that it was not available in our area !!
So its UC or nothing.
Which is the reason that I am stuck going down the UC route.

It would help if the DWP trained their staff. If it is a full service UC area then new style ESA is available (old style ESA is not). Unlike UC which is for anyone on a low income ESA is specifically for people with a health condition that limits their ability to work.

50Twuncle

calcotti wrote: »

It would help if the DWP trained their staff. If it is a full service UC area then new style ESA is available (old style ESA is not). Unlike UC which is for anyone on a low income ESA is specifically for people with a health condition that limits their ability to work.

I will ask again - anything that I can quote at them ??

calcotti

50Twuncle wrote: »

I will ask again - anything that I can quote at them ??

Not really - it is just the way the system works.

UC has replaced income based benefits but not contribution based benefits. ESA (and JSA) have gone as they previously existing because they were hybrid benefits which had both contribution based and income based elements. The contribution based bits have been retained and rebranded as ‘New style’.

I wouldn’t worry about. None of us on this thread are clear about your best option because you are excluded from both benefits by your situation and are simply trying to get past the gatekeepers to establish a credits only award. Notwithstanding the FOI response what actually happens may differ. I would go with what the JobCentre have suggested and see how it plays out. If you get kicked out before you have had a Work Capability Assessment you can always ask then if ESA is another route in. It should be obvious within a few weeks whether the UC approach is working because they will either reject you because of your savings or issue you with a Uc50 form to complete.

Icequeen99

50Twuncle wrote: »

I will ask again - anything that I can quote at them ??

I haven't read the whole thread but if you're wondering about New Style ESA guidance there is now some here https://www.gov.uk/guidance/new-style-employment-and-support-allowance#how-to-claim-new-style-esa telling you how to claim if you live in a FS area.

IQ

calcotti

Icequeen99 wrote: »

I haven't read the whole thread but if you're wondering about New Style ESA guidance there is now some here https://www.gov.uk/guidance/new-style-employment-and-support-allowance#how-to-claim-new-style-esa telling you how to claim if you live in a FS area.

IQ

This thread is about how to make an NI credits only claim when claimant does not fit qualifying rules for either UC or new style ESA. the government say it is possible but not how to do it.

Alice_Holt

calcotti wrote: »

This thread is about how to make an NI credits only claim when claimant does not fit qualifying rules for either UC or new style ESA. the government say it is possible but not how to do it.

The way for the OP to do it is to request a JSANC1 form from the DWP (0800 055 6688),
make the DWP aware that it is a NI only claim and that he has no eligibility for means tested UC (over £16k in savings) or new style ESA (no NI contributions in last 2 tax years),
complete the JSNC1 form and then arrange an appointment at the local JC with a workcoach who will check if NI credits can be paid.
If successful Class 1 NI credits can be credited weekly through the e - NIRS2 browser interface between the DWP and HMRC.

This information was supplied to the OP in post 7 by xylophone back in March.

calcotti

Thanks Alice. I referred to the FOI request in my previous post. I still think it is true that the government do not publish how to do it - I do not think a response to an FOI request is really sufficient. I also think that in his current situation if I were the OP I would run with what the JobCentre are currrently advising him. A few more weeks will not make much difference. However it is obviously up to the OP how he responds to the considerable amount of advice he has received over the last few months.