NI Credits problem

50Twuncle

calcotti wrote: »

Why don't you work through the advice contained in the link xylophone provided in his post (no 7 of this topic) back in March.

I have done - I was told NEW style ESA - Which I am intending to claim - but may be thwarted by the lack of NI conts that I have at present (if I claim contribution based ESA (because Income based is out - due to my present income)

However - CAB told me OLD style ESA was still available for credits only claims
they also told me...
[FONT=&quot]“You would not qualify for UC (as you have capital in excess of £16k), nor would you qualify for new-style ESA (as you do not have sufficient recent NI contributions). However, if you have limited capability for work, then you can be awarded NI credits for each week in which you have limited capability for work, or would have done so if you had been entitled to new-style ESA or if you had claimed it (Reg 8B SS (Credits) Regs 1975). So it is possible to make a ‘credits-only’ claim for ESA - under the legacy system, this merely involved submitting a claim for ESA (which would be refused due to excess capital/lack of NI contributions) but would then mean that NI credits would be made as long as you attend for medical examinations and passed the test of limited capability for work. Under the UC system, things are considerably more complicated, as DWP often tell such clients that they have to make a claim for UC in order to do this, which is incorrect, especially if the client would not qualify for UC at all (as is your case). But it is still possible to make a claim for ‘credits-only’ ESA, even though actual entitlement to new-style ESA will be refused due to lack of NI contributions. [/FONT]

[FONT=&quot]I am not familiar with the terminology of the forms which are used for this process, but if you have0 not already done so, you should contact the Jobcentre to request a ‘credits-only’ claim for ESA. You would then be required to attend regular medicals in order to show that you do have limited capability for work, and if you pass those medicals, then NI credits should be made. Note, however, that if your earnings exceed £125.50 (or if you ever works for 16 hours or more per week), then you are treated as not having limited capability for work and so will not qualify for NI credits on those grounds (Reg 38(1) ESA Regs 2013). However, you may qualify for a ‘credits-only’ JSA award under similar rules if you would otherwise have met the ‘actively seeking and available for work’ rules under new-style JSA if you had claimed it (Reg 8A SS (Credits) Regs 1975).”[/FONT]



I am just querying whether they are correct ....and where they got this from - I have googled and found nothing

poppy12345

This is getting ridiculous. I'm not sure how it will be possible to claim Income related ESA in a full UC area, because it no longer exists for new claimants. The process will be exactly the same as it would be if you were receiving payments.

50Twuncle

poppy12345 wrote: »

This is getting ridiculous. I'm not sure how it will be possible to claim Income related ESA in a full UC area, because it no longer exists for new claimants. The process will be exactly the same as it would be if you were receiving payments.

I have been told (by 2nd tier CAB) to claim CONTRIBUTION related ESA ("legacy") NOT "Income related"
As it does not exist for new claimants - except for NI credit claimants....
I am assuming that CAB 2nd tier will know what they are talking about ?
Although NEW style ESA does not take into account any savings that you may have - which does look promising...

marliepanda

If the CAB say it is possible, get the CAB to help you do it.

poppy12345

50Twuncle wrote: »

I have been told (by 2nd tier CAB) to claim CONTRIBUTION related ESA ("legacy") NOT "Income related"
As it does not exist for new claimants - except for NI credit claimants....
I am assuming that CAB 2nd tier will know what they are talking about ?
Although NEW style ESA does not take into account any savings that you may have - which does look promising...

To be able to claim New style contribution based ESA you must have paid enough NI contributions in the previous 2 tax years. As you want to claim it for NI credits only then i'm guessing you haven't paid enough to be able to claim it. It has the same rules as CB ESA for legacy benefits.

NeilCr

Second tier are going to be specialist. I suspect they will have more benefits knowledge than many of the posters on this forum

CAB have done quite a bit of work here and there has to come a time (and I think it is now) when you stop prevaricating and you take a decision. I'd say make a claim for ESA, as they advised. If you run into problems with DWP about the credits then quote what CAB have said to you.

In terms of CAB helping with the claim. We, generally, encourage clients to help themselves. Obviously, where the client cannot do that we assist and provide support. Clearly, I don't know the OP but he holds down a job, contributes regularly here and I would have thought that he could make a claim for ESA by himself.

Maybe return to CAB if issues arise after the claim is made?

Alice_Holt

The only thing that I would add to NeilCr's post is that the CAB can purely advise on the information supplied by the client. If the client doesn't fully disclose their situation, then he will not get complete advice.

As the OP is working 10 hrs a week and earns less than £125.50 pw, then he rather falls between two stools re ESA or JSA. This would count as permitted work under ESA - but would need to be accepted as such for an ESA claim to continue. He would also need to "pass" the WCA and be assessed as not fit for work.
With JSA (per the F of I post) he would not need to "pass" the WCA, but may have to persuade the DWP that his health conditions limit him to 10 hours a week, so he does not need to seek more work.

I'm not clear that the OP has fully tried and exhausted the JSANC1 route. He certainly hasn't given a detailed reply to Calcotti's Q - "Why don't you work through the advice contained in the link xylophone provided in his post (no 7 of this topic) back in March".
It would have been very helpful to have had a comprehensive guide to the steps and requirements necessary to gain NI credits by way of the JSANC1 route by someone attempting this. I'm sure there will be future questions on this topic, as UC rolls out.
Unfortunately the OP seems to be very easily deterred, and will immediately jump to another tack. Perhaps he should just bite the bullet and make those voluntary contributions (per his post @ 134) - "That's never going to happen....I would prefer to pay the £6k myself than show DWP my personal saving details!"
This will not be a straightforward process and I suspect he will not be able to surmount the further difficulties which he will inevitably encounter.

NeilCr

Thanks Alice.

Agree with only being able to respond to the information you are given. Learnt that the hard way when I started out as a volunteer!

I know you have more benefit knowledge than me (easily!). I just think it's got to the stage where the OP has to put up or shut up and he does have recent detailed advice from CAB which was why I was suggesting going down the ESA route. The problem does seem to be that the OP goes round in circles. Every time he is given advice he questions it/asks someone else.

He has to make a decision or this thread will still be running in 2020.

50Twuncle

I have downloaded and filled in an ESA50 - so will send that off tomorrow and see what happens - I guess that I will need to see my GP and check that she will support me with the necessary fit/sick note - to take me down the limited work route
I see no problems in getting this from my GP - since they have done this before ( 8 years ago - when I last claimed benefits)
Thanks all for your input into this issue.

poppy12345

50Twuncle wrote: »

I have downloaded and filled in an ESA50 - so will send that off tomorrow and see what happens

No, you wouldn't have filled that form in already. The ESA50 form is what you're sent after your claim has been successful. The ESA50 is the work capability assessment form. The form you fill in to claim ESA is the ESA1 form.