1st time claimant -Don't know where to start

PippyLS

Hi, I have been looking at some posts and think part of it has been answered so just need some advice.
My husband was self employed and last year set up a ltd company. He only worked through it for a few months and has been unwell - mental health issues.

I finally managed to convince him to see the GP and for the last couple of months he has been on medication, including diazepam for when he has a severe attack. He is also utilising talking therapies. GP signed him off sick - we have not done anything with the 'fit notes' yet.

All this has helped, he is still on medication and therapy and the GP still signing him off sick and has told him this will be a long process.

We are closing the ltd company. He has not worked since before christmas. I have a decent job on PAYE in the 40% tax bracket and we have savings.

Now my queries :
1. Can he use the 'fit note' from GP to claim any benefit.
2. We think answer to 1 is a No. - Can he claim any help with his prescriptions charges.
3. As he is not fit to work, and will probably not be entitled to anything due to my salary, is there any way we can make sure he gets NI contributions in place.

I have gone on the entitled to / benefits calculators and they say he is not enttled to any thing - fair enough, but is there a form or process to get NI paid .

kingfisherblue

Has he actually paid any NI contributions for the last two full tax years? (2016/17 and 2017/8)


If so, he can claim contributions based ESA. He would need to apply by phone, fill in a form that is sent out, and then attend a medical assessment.



If not, I think that he can apply for income based ESA, and whilst he would not receive any payments because of your income, I think that NI contributions are paid. However, I'm not certain, so it's worth checking.


The ESA enquiry line is 0800 1690310. It does get very busy, and you can be on hold for upto an hour. The best time to ring is around 8am, when you have a chance of getting through sooner.


It may also be possible for your husband to apply for PIP. This is not means tested, so your income will not be counted. It is a fairly long process at the moment, as there is a huge backlog.


For both benefits, it is worth looking up the descriptors. They have separate descriptors, as ESA is a work replacement benefit, and PIP is to help cover the additional costs of disability.

pmlindyloo

kingfisherblue wrote: »

Has he actually paid any NI contributions for the last two full tax years? (2016/17 and 2017/8)


If so, he can claim contributions based ESA. He would need to apply by phone, fill in a form that is sent out, and then attend a medical assessment.



If not, I think that he can apply for income based ESA, and whilst he would not receive any payments because of your income, I think that NI contributions are paid. However, I'm not certain, so it's worth checking.


The ESA enquiry line is 0800 1690310. It does get very busy, and you can be on hold for upto an hour. The best time to ring is around 8am, when you have a chance of getting through sooner.


It may also be possible for your husband to apply for PIP. This is not means tested, so your income will not be counted. It is a fairly long process at the moment, as there is a huge backlog.

For both benefits, it is worth looking up the descriptors. They have separate descriptors, as ESA is a work replacement benefit, and PIP is to help cover the additional costs of disability.

I think the relevant tax years are 2015/2016 and 2016/2017 - the last two full tax years years before the benefit year (January)- possibly when the OP's partner was self employed.

It is certainly worth applying for contribution based ESA or 'new style ESA' (same thing/different name) if you are in a Universal Credit area. They will check his NI contributions and say 'yay or nay'.

I do think the limited company should be closed asap as this can cause complications re: claiming benefits as he may be classed as an employee of the company and query his receiving SSP from the company. I am presuming the company is insolvent?

And just to add, contribution based ESA ('new style ESA') is not means tested so your earnings or savings would not prevent his claiming.

Follow the links here to make a claim:

https://www.gov.uk/employment-support-allowance/how-to-claim

Also a good idea to check out the PIP descriptors and see if he is eligible.

PippyLS

Thank you kingfisherblue. I will phone them this afternoon, if the queue is too long it will have to be tomorrow 8am.
He has worked in the previous 2 tax years - not fully though. This is a long term illness which comes with panic attacks and all the side effects of those. He has had time off but never managed to claim before. We did try a couple of years ago but he was so unwell after the 1st interview we never went back as the effect on his health was not worth it.


The online calculators does not say he is entitled to any PIP. There does not seem to be any person we can talk to about applying, before we actually apply as the last thing i want is for him to get worse due to stresses of the application itself.
My question of the prescrition as current cost of his prescrition charges, and NI is really so long term it does not affect state pension etc

PippyLS

Thank you pmlindyloo.
We made the call to the accountants to close the company this morning. They charge a monthly fee even if no activity so it was costing us.

He has not recieved any SSP from the ltd company, as the company has not had any activity ( he has not worked) since before christmas.

Still have some money in the compnay account but I have asked him to withdraw and close that too. Just need to fill in the form and send to companies house.


Does he need to have worked the full 2 years. I have access to his self assessment account so will I be able to check there?

We will make the calls and I will take time off to go to his first meeting if required.

kingfisherblue

PMLindyloo, thanks for sorting out my errors!



It may be worth buying a twelve month certificate for prescriptions.


https://www.nhs.uk/NHSEngland/Healthcosts/Pages/Prescriptioncosts.aspx

pmlindyloo

The actual conditions for contribution based ESA are here:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/658256/dmgch41.pdf

Scroll down to 41022

To be honest I always advise people to make the claim as it can be complicated to work out!

pmlindyloo

Even if your OH is not entitled to contribution based ESA nor income based ESA but meets the conditions for it except on income grounds then he can claim NI credits towards his state pension. You should ask the Job Centre about this.

http://www.thisismoney.co.uk/money/pensions/article-3725546/I-m-ill-NI-credits-state-pension-Steve-Webb-replies.html

and

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

Alice_Holt

Just to echo the excellent advice from pmlindyloo, do consider PIP:

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/

https://www.rethink.org/living-with-mental-illness/money-issues-benefits-employment/personal-independence-payment
(look at their PDF Useful Resource guide)

https://www.benefitsandwork.co.uk/personal-independence-payment-pip

PIP is neither means-tested nor taxed.

PippyLS

ANother quick question please - I have started a claim online as we live in a UC area. It states he needs to make a joint claim and they will forward a linking code. I am not making a claim. Is this still a joint claim as we are married and living together?

PippyLS

Thanks you Alice, I will definitly try. At the moment looking at the descriptors he can do everything as long as he takes his meds in general. I do check every day he has taken them.

GP has changed his tablets and he is better last 2 weeks but it will be a slow progress.