No longer able to claim JSA and receive NI credits...?

MarkAnderson

I was claiming JSA on and off throughout 2018 and during the periods I was claiming I was only eligible for NI credits.

At the end of December last year I made a new claim (rapid reclaim) for JSA. however, I have now been told that the claim cannot be accepted and a claim for Universal Credit must be made. I have savings in excess of 16K so I am not eligible to make a UC claim. Is there anyway that I can get around this and somehow get my NI credits while I am unemployed and looking for work.

Having paid 24 years of NI contributions while working it seems a bit unfair that I am denied NI credits while I find myself unemployed.

pmlindyloo

You may wish to read this (freedom of information request to the DWP) and follow the advice in their response.

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


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’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) – 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.

MarkAnderson

@pmlindyloo

Thanks for taking time to reply.
What I did not make clear was that despite having 24 years of NI contributions, the three preceding years to being made unemployed, no NI contributions were made as I was working for a foreign company and being payed out of Jersey. I was still a UK resident for tax purposes.

Any thoughts as to how this might effect NI eligibility?

TX

MarkAnderson

Well, I am somewhat confused with this situation.

When I went to Jobcentre this morning to sign-on, I was told that I could not claim JSA, as the Jobcentre was a full UC area and that I was not eligible to claim UC as I had in excess of 16K savings. I enquired as to whether there was any other benefit I could claim in order to be credited NI contributions and was told No!

I did contact the UC Helpline and the DWP JSA phoneline and again explained my situation as was told that I was not eligible for any NI credits while unemployed.

I later called (0800 055 6688) and requested to make an application for a "NI credits only" claim as suggested by @pmlindyloo. I spoke to a very helpful person and they said they would send out an application pack in the mail and made an appointment for an interview at the Jobcentre (in two weeks time). I asked if I could make the application online as was told that it had to be made over the phone. I told the person I was claiming in a full UC area and he said that was not a problem..... he told me many people are not eligible to claim UC (like myself) as they may have savings exceeding 16K and they can claim just NI credits. I told him about my trip to Jobcentre earlier that day and that my application had been dismissed and that I was told I was not eligible for any credits. He apologised and told me I should have been informed.

Can anyone comment on my experience at the Jobcentre..... should the person who told me I was not eligible to claim for JSA and UC made me aware that I could have made just a NI credit claim?

Thank you @pmlindyloo for making me aware of this.

calcotti

MarkAnderson wrote: »

.... my experience at the Jobcentre..... should the person who told me I was not eligible to claim for JSA and UC made me aware that I could have made just a NI credit claim?

Yes they should have.

tomtom256

However most staff do not know this as the everything changed with UC, there has been a recent briefing sent out so it should get sorted.

That being said, whomever you spoke too, should have checked guidance as it is hidden within it.

Make sure you request a backdate and explain the bad advice given.

50Twuncle

How would this work for someone who is disabled and prohibited from working due to a clause in the T&C of the ill health pension ?

And thus preventing me from doing job searches and making the work coach bit totally pointless  !

I am lacking 8 years NI credits for a full state penson and the cost (if I were to buy my own credits would be around £6k !!I

I am  56 years old and thus have 11 years until state pension age

Other than not meeting the savings requirements  - which effectvely prevent me from claiming contributory ESA - due to a lack of relevant recent NI contributions or INCOME based ESA due to having over the maximum savings limit of £16,000 - I do meet the requirements for claiming ESA !

My local JSA is worse than useless - simply telling me to pay myself !

calcotti

50Twuncle said:

How would this work for someone who is disabled and prohibited from working due to a clause in the T&C of the ill health pension ?

And thus preventing me from doing job searches and making the work coach bit totally pointless  !

I am lacking 8 years NI credits for a full state penson and the cost (if I were to buy my own credits would be around £6k !!I

I am  56 years old and thus have 11 years until state pension age

Other than not meeting the savings requirements  - which effectvely prevent me from claiming contributory ESA - due to a lack of relevant recent NI contributions or INCOME based ESA due to having over the maximum savings limit of £16,000 - I do meet the requirements for claiming ESA !

My local JSA is worse than useless - simply telling me to pay myself !

If you have a health condition that limits your ability to work you would still apply for new style ESA. If you do not meet the NI contribution conditions you can still be registered as having limited capability for Work (if a Work Capability Assessment concludes that to be the case) and will get Ni credits.

You cannot claim income based ESA anyway because it has ceased to exist for new claims. Universal Credit has replaced it but has the same £16,000 savings limit.

If you have a disability/health condition that affects your ability to look after yourself or get around you may be eligible for Personal Independence Payment (but this doesn't help with NI). https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/

poppy12345

50Twuncle said:

How would this work for someone who is disabled and prohibited from working due to a clause in the T&C of the ill health pension ?

And thus preventing me from doing job searches and making the work coach bit totally pointless  !

I am lacking 8 years NI credits for a full state penson and the cost (if I were to buy my own credits would be around £6k !!I

I am  56 years old and thus have 11 years until state pension age

Other than not meeting the savings requirements  - which effectvely prevent me from claiming contributory ESA - due to a lack of relevant recent NI contributions or INCOME based ESA due to having over the maximum savings limit of £16,000 - I do meet the requirements for claiming ESA !

My local JSA is worse than useless - simply telling me to pay myself !

I remember quite some time ago there was a huge thread regarding your NI contributions and several people tried to help and advise you with this. They went round in circles so many times, in the end they gave up. I can't find that thread now in amoungst all of your past threads. This thread is also 5 months old...

calcotti

poppy12345 said:

I remember quite some time ago there was a huge thread regarding your NI contributions and several people tried to help and advise you with this. They went round in circles so many times, in the end they gave up. I can't find that thread now in amoungst all of your past threads. This thread is also 5 months old...

I didn't make the connection - I think that would be this thread https://forums.moneysavingexpert.com/discussion/5813461/ni-credits-problem#latest. That thread ran for six months - not going through that again.

poppy12345

calcotti said:

poppy12345 said:

I remember quite some time ago there was a huge thread regarding your NI contributions and several people tried to help and advise you with this. They went round in circles so many times, in the end they gave up. I can't find that thread now in amoungst all of your past threads. This thread is also 5 months old...

I didn't make the connection - I think that would be this thread https://forums.moneysavingexpert.com/discussion/5813461/ni-credits-problem#latest. That thread ran for six months - not going through that again.

Thanks for that, i did look but couldn't find it. I also thought that you did contribute towards that thread but couldn't remember exactly. I know Alice contributed a lot to it. I agree, lets not go there again.

Edit to add, i also see it was started more than 2 years ago, which means the OP is no further forward to claiming NI contributions...