NI Credits problem

50Twuncle

I was told (orginally by JCP contact) to claim JSA
I told her that I was working (10 hrs per week on minimum wage - so no NI conts payable) and had over £16k savings - which, were the result of medical retirement from a public service job - so are needed to support me for the next 40+ years)
Our combined joint income is £16k pa (DLA / CA included)

So was given the UC link and told to use that - on a credits only basis (I know that I am not entitled to any benefits payments at all)

I did not attend a JSA meeting - because I was waiting for a response to my letter to DWP asking for a written statement of my State Pension - which arrived last week !

My wife works as my carer (no more income) - we own our own home (mortgage tree)
Hours fixed - no more available
Hows that ?

Is there no specific UC email address ?
The phone number is 0800 328 5644

Alice_Holt wrote: »

Perhaps the OP could clearly explain what happened when he was advised to make a JSA credits only claim (post 8), and why subsequently he claimed UC (despite the fact that he seems to think he won't be eligible for UC).
Did he attend at his JC for an appointment re a JSA credits only claim? (Post 8)
What was the outcome?

I'm not clear if the OP has put his financial info into a benefit calculator to see if any UC may be payable. Perhaps he could do this and tell us the outcome.
Is he single, if married does his wife work?
Does he pay rent?

I rather think the OP will be unable to claim JSA (credits only) as he is working. Perhaps that is why he was directed by the DWP to claim UC.

If the OP could concentrate on the essentials, rather than q's about writing / printing forms etc, then the thread may prove more useful to him.

However, it increasing looks to me that the OP may either:
- have to increase hours to reach the LEL for NI of £116pw:
https://www.gov.uk/government/publications/rates-and-allowances-national-insurance-contributions/rates-and-allowances-national-insurance-contributions
- make voluntary contributions
- or reconcile himself to a lower SP.

xylophone

Have you tried a benefits calculator?

https://www.gov.uk/employment-support-allowance/eligibility

Use a benefits calculator to check if you can get Employment and Support Allowance (ESA) or Universal Credit before you apply.

50Twuncle

I have done that and it confirms that no payments can be made
Hence "credits only" claim being made

Alice_Holt

I'm unclear if the OP managed to get to the Fo I reply both Xylo and I linked to.
Since he posted "Thanks xylophone - and I apologise for not checking your link to WDTK earlier - yes, this Glenys Harriman appears to be in a very similar situation to myself and has also got nowhere !!
In fact - DWP have refused the question"
And then didn't reply to my post at 71 where I explained that the DWP had answered the initial question.


If he still hasn't managed to look at it - this is what it says (and I've highlighted for him the important bits):

"Dear Ms Harriman,
Thank you for your Freedom of Information request of 19 May 2017. You asked:
Please could you provide any internal guidance for Decision Makers etc that ensures that the
system / the Decision Makers recognise when someone (who is submitting a UC claim) wishes
to claim New style JSA / ESA either as well as or instead of Universal Credit, and ensures that
they are able to do so.
Please could you provide the regulations and/or guidance that describe the process for
making a "credits only" claim for Universal Credit, when someone in a Full service UC area
doesn't meet the NI contributions conditions for new style ESA or JSA, but also has too much
income/savings for Universal Credit.
DWP response
1. There is no internal guidance for Decision Makers to recognise when someone wishes
to claim new style JSA/ESA, either as well as, or instead of, Universal Credit. A
Decision Maker does not have any involvement at the initial claim stages of a new
claim. They would only have involvement if there needed to be a decision made later on
any aspect of the claim.
2. We do not have internal guidance but the process is as follows.
A customer can contact the main claim line number (0800 055 6688) or call into their
local Jobcentre explaining they want to claim National Insurance (NI) credits only as
they are unemployed but do not want or can not receive Universal Credit and or new
style JSA.
The telephony agent or Jobcentre member of staff will take down the basic contact
details, arrange an interview at the claimants local Jobcentre and send them or give
them a JSANC1 form to complete and bring to the interview.
DWP Central Freedom of Information Team
e-mail: freedom-of-information-request@dwp.gsi.gov.uk
Our Ref: FoI 2158
DATE:15th June 2017
The Work Coach will assess their entitlement to an NI credit, based upon the evidence
in the form, inform them of what they need to do or keep on doing, and set them a
fortnightly day of attendance. When they must show their continuing entitlement based
upon meeting the requirements of The Social Security (Credits) Regulations, regulation
8A(2)(ba), which are that they meet the requirements of sections: 1(2)(e) to (h) and
section 6D and 6E of the Jobseeker!!!8217;s Act 1995.
If they do so, each week (NI credit weeks run Sunday to Saturday) DWP will inform
HMRC that they have done so and HMRC will give them a class 1 NI credit by adding it
to their National Insurance record. This is done electronically through the e-NIRS2
browser between DWP and HMRC or can be done clerically on an appropriate form, if it
is not possible to do so through the browser.
The relevant regulations are The Social Security (Credits) Regulations 1975 (S.I.
1975/556), regulation 8A(2)(ba) !!!8211; credits for unemployment, which is in the public
domain and can be found at: https://www.legislation.gov.uk, specifically:
http://www.legislation.gov.uk/uksi/1975/556. The Jobseekers Act 1995, section 1(2), can
be found at: http://www.legislation.gov.uk/ukpga/1995/18/contents, specifically the
revised version 30/11/2014:
http://www.legislation.gov.uk/ukpga/1995/18/pdfs/ukpga_19950018_301114_en.pdf.
If you have any queries about this letter please contact me quoting the reference number
above.
Yours sincerely,
DWP Strategy FoI Team

---

"

It seems to me that this is the route the OP should take.
Particularly given the rightsnet discussion I linked to. (Have you read this OP?).
It light of this information (which xylo posted back in March) a UC claim would seem pointless.

As pmlindyloo has said he may need to speak to a Manager rather than the call handler to get this underway (and quote this F of I response to them).

Here are the Regulations:
8A covers JSA - Credits for unemployment
http://www.legislation.gov.uk/uksi/1975/556/pdfs/uksi_19750556_280215_en.pdf

I can't tell from these whether 10 hrs of earnings at the NMW would invalidate a JSA credits only claim.
The reply states " they want to claim National Insurance (NI) credits only as they are unemployed but.....".
This may be the OP's difficulty in trying to claim JSA - he is not unemployed.
However his earnings will be below the JSA rate with the disability premium of £33pw included, so I think it may be worth his while exploring this avenue. The OP (or a sensible family member) should make this point to the DWP Manager.
(OP - the disability premium is due as you receive MR care DLA ).

What a pity he didn't follow xylo's link back in March!

WillowCat

This link may be of interest :

http://www.legislation.gov.uk/uksi/2014/1230/regulation/21/made

50Twuncle

Thanks - exactly what I was looking for !

50Twuncle

Alice_Holt wrote: »

I'm unclear if the OP managed to get to the Fo I reply both Xylo and I linked to.
Since he posted "Thanks xylophone - and I apologise for not checking your link to WDTK earlier - yes, this Glenys Harriman appears to be in a very similar situation to myself and has also got nowhere !!
In fact - DWP have refused the question"
And then didn't reply to my post at 71 where I explained that the DWP had answered the initial question.


If he still hasn't managed to look at it - this is what it says (and I've highlighted for him the important bits):

"Dear Ms Harriman,
Thank you for your Freedom of Information request of 19 May 2017. You asked:
Please could you provide any internal guidance for Decision Makers etc that ensures that the
system / the Decision Makers recognise when someone (who is submitting a UC claim) wishes
to claim New style JSA / ESA either as well as or instead of Universal Credit, and ensures that
they are able to do so.
Please could you provide the regulations and/or guidance that describe the process for
making a "credits only" claim for Universal Credit, when someone in a Full service UC area
doesn't meet the NI contributions conditions for new style ESA or JSA, but also has too much
income/savings for Universal Credit.
DWP response
1. There is no internal guidance for Decision Makers to recognise when someone wishes
to claim new style JSA/ESA, either as well as, or instead of, Universal Credit. A
Decision Maker does not have any involvement at the initial claim stages of a new
claim. They would only have involvement if there needed to be a decision made later on
any aspect of the claim.
2. We do not have internal guidance but the process is as follows.
A customer can contact the main claim line number (0800 055 6688) or call into their
local Jobcentre explaining they want to claim National Insurance (NI) credits only as
they are unemployed but do not want or can not receive Universal Credit and or new
style JSA.
The telephony agent or Jobcentre member of staff will take down the basic contact
details, arrange an interview at the claimants local Jobcentre and send them or give
them a JSANC1 form to complete and bring to the interview.
DWP Central Freedom of Information Team
e-mail: [EMAIL="freedom-of-information-request@dwp.gsi.gov.uk"]freedom-of-information-request@dwp.gsi.gov.uk[/EMAIL]
Our Ref: FoI 2158
DATE:15th June 2017
The Work Coach will assess their entitlement to an NI credit, based upon the evidence
in the form, inform them of what they need to do or keep on doing, and set them a
fortnightly day of attendance. When they must show their continuing entitlement based
upon meeting the requirements of The Social Security (Credits) Regulations, regulation
8A(2)(ba), which are that they meet the requirements of sections: 1(2)(e) to (h) and
section 6D and 6E of the Jobseeker!!!8217;s Act 1995.
If they do so, each week (NI credit weeks run Sunday to Saturday) DWP will inform
HMRC that they have done so and HMRC will give them a class 1 NI credit by adding it
to their National Insurance record. This is done electronically through the e-NIRS2
browser between DWP and HMRC or can be done clerically on an appropriate form, if it
is not possible to do so through the browser.
The relevant regulations are The Social Security (Credits) Regulations 1975 (S.I.
1975/556), regulation 8A(2)(ba) !!!8211; credits for unemployment, which is in the public
domain and can be found at: www.legislation.gov.uk, specifically:
http://www.legislation.gov.uk/uksi/1975/556. The Jobseekers Act 1995, section 1(2), can
be found at: http://www.legislation.gov.uk/ukpga/1995/18/contents, specifically the
revised version 30/11/2014:
http://www.legislation.gov.uk/ukpga/1995/18/pdfs/ukpga_19950018_301114_en.pdf.
If you have any queries about this letter please contact me quoting the reference number
above.
Yours sincerely,
DWP Strategy FoI Team

---

"

It seems to me that this is the route the OP should take.
Particularly given the rightsnet discussion I linked to. (Have you read this OP?).
It light of this information (which xylo posted back in March) a UC claim would seem pointless.

As pmlindyloo has said he may need to speak to a Manager rather than the call handler to get this underway (and quote this F of I response to them).

Here are the Regulations:
8A covers JSA - Credits for unemployment
http://www.legislation.gov.uk/uksi/1975/556/pdfs/uksi_19750556_280215_en.pdf

I can't tell from these whether 10 hrs of earnings at the NMW would invalidate a JSA credits only claim.
The reply states " they want to claim National Insurance (NI) credits only as they are unemployed but.....".
This may be the OP's difficulty in trying to claim JSA - he is not unemployed.
However his earnings will be below the JSA rate with the disability premium of £33pw included, so I think it may be worth his while exploring this avenue. The OP (or a sensible family member) should make this point to the DWP Manager.
(OP - the disability premium is due as you receive MR care DLA ).

What a pity he didn't follow xylo's link back in March!

Thanks for this

The reason that I didn't follow Xylo's link in March was that I was waiting on a written response from DWP !
But - will they really expect me to "sign on" weekly ? (if I am sucessful)
Also - I see that the above mentions class 1 NI credits, rather than class 3 which I have been led to believe I am entitled to ?

50Twuncle

Alice_Holt wrote: »

I can't tell from these whether 10 hrs of earnings at the NMW would invalidate a JSA credits only claim.
The reply states " they want to claim National Insurance (NI) credits only as they are unemployed but.....".
This may be the OP's difficulty in trying to claim JSA - he is not unemployed.
However his earnings will be below the JSA rate with the disability premium of £33pw included, so I think it may be worth his while exploring this avenue. The OP (or a sensible family member) should make this point to the DWP Manager.
(OP - the disability premium is due as you receive MR care DLA ).

What do they consider "earnings" ?
Whilst the job that I am trying to claim NI against - only pays me about £80 per week - I do have other income (2 * ill health pensions) + DLA !
My wife also has CA (assuming that they look at joint income)

Do they consider these as well ?
If so - this route will go out of the window ..

calcotti

Pension and Carer's Allowance are not "earnings". As you are trying to make a credits only claim I think your wife's income is irrelevant anyway. Indeed a 'new style' JSA claim can only be made as an individual.

50Twuncle

calcotti wrote: »

Pension and Carer's Allowance are not "earnings". As you are trying to make a credits only claim I think your wife's income is irrelevant anyway. Indeed a 'new style' JSA claim can only be made as an individual.

But am I claiming JSA or UC ?
I am in a UC area apparently