Answer for Weymuffred.

healy

I have seen your posts in the other forum but am replying here as only the admin and staff are supposed to answer questions there.I dont know if you have received advice from the CAB as you planned to but having read your posts on the other forum you are not entilted to Incapacity Benefit due to the following. There are 2 contributions requirements and the second one is as follows: In each of the two tax years before the start of the benefit year in which the period of incapacity begins, a person must have paid or been credited with Class 1 or Class 2 contributions on earnings of 50 times the lower earnings limit for that tax year.You have said that you had 28 credits in the 04/05 tax year and you need to have 50 credits therefore it is correct that you have been refused IB on contribution grounds.I hope this clears up the matter for you.

weymuffred

healy wrote: »

I have seen your posts in the other forum but am replying here as only the admin and staff are supposed to answer questions there.I dont know if you have received advice from the CAB as you planned to but having read your posts on the other forum you are not entilted to Incapacity Benefit due to the following. There are 2 contributions requirements and the second one is as follows: In each of the two tax years before the start of the benefit year in which the period of incapacity begins, a person must have paid or been credited with Class 1 or Class 2 contributions on earnings of 50 times the lower earnings limit for that tax year.You have said that you had 28 credits in the 04/05 tax year and you need to have 50 credits therefore it is correct that you have been refused IB on contribution grounds.I hope this clears up the matter for you.

The CAB were extremely helpful in all the matters I asked of them.
The other forum seem to think I should have been awarded IB (unless I am reading their information wrongly), and I will be ringing on monday to advise them and will follow it up with written form sent by recorded delivery.

weymuffred

Am I reading it wrong? I really hate benefits, cant wait for my appointment with the persoanl advisor at the jobcentre next week, as I really want to get away from the stigma attached to people claiming benefits and start to work my way back into working and feeeling like I am actually providing for my family.

healy

weymuffred wrote: »

The CAB were extremely helpful in all the matters I asked of them.
The other forum seem to think I should have been awarded IB (unless I am reading their information wrongly), and I will be ringing on monday to advise them and will follow it up with written form sent by recorded delivery.

On the other forum they seem to be saying you pass the the first contribution condition, but I am not sure if they are right on that. What I am saying is from the information you have provided you would not meet the second contribution condition so therefore would not get IB. The DWP would have checked your record before declining your claim so I think they are right.

weymuffred

The other forum are saying that there are strict conditions if you have claimed CA which I did so I read it as I am entitled.

dmg24

But there are two conditions that you need to fulfil:

The first contribution condition

56009 For periods of IfW commencing on 6.4.01 or later the first contribution is satisfied if

1

1.

the claimant has actually paid contributions of a relevant class in respect of

any one of the last three tax years before the beginning of the relevant benefit

year in which IB is claimed and

2. those contributions have been paid before the relevant time and
3. the earnings factor from those contributions is at least 25 times the lower
earnings limit for that year.
1 SS CB Act 92, s 30A(1) & Sch 3, Part 1, para 2(2)
56010 For periods of IfW which commenced prior to 6.4.01, to satisfy the first contribution
condition1
Conditions of entitlement 56011 56012
Vol 10 Amendment 20 October 2007
1.

the claimant must have paid contributions of a relevant class for any one tax

year before the day for which IB is claimed and

2. the earnings factor from those contributions must be at least 25 times the
lower earnings limit for that year.
1 SS CB Act 92, s 30A(1) & Sch 3, Part 1, para 2(2)
Relaxation of the first contribution condition
56011 For PIWs starting on 6.4.01 or later the first contribution is taken to be satisfied if

1

1.



contributions of a relevant class for any one tax year are paid before the day

for which IB is claimed and

2. the earnings factor from contributions which are paid or treated as paid is at
least 25 times the lower earnings limit for that year and
3. one of the prescribed conditions is satisfied and
3.1 the claimant was entitled to CA in the last complete tax year
immediately before the relevant benefit year in which the first day of IfW
occurred1 or
3.2 immediately before the first day of IfW the claimant had been engaged
in remunerative employment for a period of more than two years and
was entitled to DWA or DPTC throughout that period or working tax
credit where the disability element or the severe disability element was
included or
3.3 for any week in a tax year preceding the relevant benefit year the
claimant was credited with earnings or contributions for periods of
imprisonment or custody, or would be if he applied or
3.4 the claimant received IB in the last complete tax year before the
relevant benefit year2.
1 SS (IB) Regs, reg 2B(1); 2 reg 2B(2)
The second contribution condition
56012 The second contribution condition

1 is satisfied if

1.



in the last two complete relevant income tax years before the beginning of the

relevant benefit year the claimant has

1.1

paid or been credited with contributions of a relevant class or

1.2 been credited with earnings and

2. the earnings factor in each of those years is not less than 50 times the lower
earnings limit for that year.
Conditions of entitlement 56013 56016
Vol 10 Amendment 20 October 2007
3.

a claimant has previously received BB and entitlement was not lost by reason2

of

3.1

remarriage or

3.2 LTAHAW or

3.3 LTACP
1 SS CB Act 92, Sch 3, Part 1, para 2(3) ; 2 SS (Credits) Regulations 1975, reg 8C
56013 The terms used in DMG 56012 are defined as follows
“year” means a tax year
“benefit year” means a period beginning with the first Sunday in January in any
calendar year and ending with the Saturday immediately before the first Sunday in
January in the following year1
“the relevant benefit year” means the benefit year in which the PIW begins

2.

1 SS CB Act 92, s 21



(6); 2 s 30A(1) & Sch 3, Part 1, para 2(6)(b)

http://www.dwp.gov.uk/publications/dwp/dmg/

(Don't you just love copy and paste?!)

dmg24

From what healy stated, and from the Decision Makers Guide, the issue is whether you fulfil the second condition:

The second contribution condition is satisfied if:

In the last two complete relevant income tax years before the beginning of the relevant benefit year the claimant has:

* paid or been credited with contributions of a relevant class or
* been credited with earnings and
* the earnings factor in each of those years is not less than 50 times the lower earnings limit for that year.

(Thought we'd have a different font tonight!)

healy

weymuffred wrote: »

The other forum are saying that there are strict conditions if you have claimed CA which I did so I read it as I am entitled.

If you read my first post again you will see that as dmg has detailed there are 2 contribution conditions and you do not meet the second contribution condition so would not be entitled to IB. As I said before you have not got enough National Insurance credits.

weymuffred

dmg thanks for posting that. It is appreciated, but (i am not being funny or winding you up) I need it explaining in the simplest terms, thanks for finding the time to get that info but its like me looking at something thats in a different language.

Healy, so because I have a shortfall in NI contrib in tax yr 04/05, thats the reason I cant be awarded IB? Because when the cab rang up the NI people, tax years 05/06 and 06/07 were fine.
So if I am still not working in some capacity after next april I should be ok?
Though I really am hoping to sort something with job centre next friday with regards to doing some sort of work.

healy

weymuffred wrote: »

dmg thanks for posting that. It is appreciated, but (i am not being funny or winding you up) I need it explaining in the simplest terms, thanks for finding the time to get that info but its like me looking at something thats in a different language.

Healy, so because I have a shortfall in NI contrib in tax yr 04/05, thats the reason I cant be awarded IB? Because when the cab rang up the NI people, tax years 05/06 and 06/07 were fine.
So if I am still not working in some capacity after next april I should be ok?
Though I really am hoping to sort something with job centre next friday with regards to doing some sort of work.

Yes that is what I said you do not have enough credits in 04/05 so will not get IB. As I said in another thread you would need to have paid NI via employment to get IB. Did the CAB say you would be paid IB because of the Carers Allowance situation?

stazi

The tax years used for an IB claim from 7 JAN 07 to 6 JAN 08, are 04/05 and 05/06.
The tax years that will be used for an IB claim on or after 7 JAN 08 will be 05/06 and 06/07.
I understand that the 04/05 tax year for weymuffred only has 28 credits.
IB has therefore been correctly disallowed.

Be careful with the following statement obtained by the CAB from HMRC-
'Because when the CAB rang up the NI people, tax years 05/06 and 06/07 were fine'. This may not mean IB/JSA is payable.
HMRC do not decide benefit entitlement- for IB/JSA only JCP does.
You may have 52 credits in both 05/06 and 06/07 that qualify for RETIREMENT PENSION, but may not for IB/JSA.
HMRC are NOT experts in the contribution conditions for IB/JSA.

If you wnat to know if you could qualify for IB from 7 JAN 08 (not April in post#9), ring your JCP Benefit Delivery Centre and just ask them this question-
"If I reclaimed IB from 7 JAN 08 under PIW breaking rules, would I qualify for IB?"
JCP can check your NI record and tell you if you can, or explain why you may not.