ESA Contributions Based - ni credits allowable?

Simes122

Hi,
My wife has blood cancer, diagnosed in Apr 17.  She immediately got 6 months SSP then went onto New Style ESA support group until Nov 19. She recommenced work in Dec 19, and was on (accrued) holiday pay for a month  and physically went back to work In January 20.  She was almost immediately taken seriously ill and hospitalised until March. 2020.  She was paid accrued holiday pay all this time so while sick, wasn’t ‘off sick’. Accrued Holiday pay ran out end Jun, so she then made an Esa claim for the shielding period to end Jul 20 as she wasn’t entitled to SSP.  

Her ESA claim was rejected due to insufficient NI contributions.  We checked and her year 17/18 was partial due to her time on SSP.  We then wrote to HMRC requesting credits for the period she was on SSP in 2017 and these have been applied and she now has full years according to her NI record for 17/18 and 18/19.  We submitted a request for mandatory reconsideration.  The first was ‘lost in the post’ and we followed up by recorded post.  We’ve heard nothing from them regards this.  She’s been calling and calling them and eventually today they said they’d get a dwp manager to call us.  She called, was very rude and said there is no entitlement as she hasn’t paid enough NI for the periods in question.  She said that’s it, we won’t be getting a letter or anything explaining!  Now raging at her rudeness, I thought I’d try here for an understanding.

I think the problem may be that both years 17/18 and 18/19 are predominantly due to NI credits because of her illness and subsequent treatment.  So it looks like the credits seem to be worthless when it comes to ESA?  Is this the case? In which case we’ll give up.  The irony is if her employer had terminated her employment at the time, she would have continued entitlement to support group esa.  But because she went back to work, she restarted the ni eligibility process.  Seems unfair!

sorry for length, but the nub of the query, is do NI credits count toward ESA?  Presumably being on ESA can affect your future eligibility to reclaim esa as you only get ni credits that can’t be used for a future esa claim?

Thanks,

Simon

poppy12345

Class 1 NI credits only count towards part of it, working and paying the contributions is the other part. As she hasn't worked in those 2 tax years then DWP are correct she's not entitled to any ESA. See link.

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/help-with-your-esa-claim/check-if-you-can-claim-esa/

Have you looked at claiming Universal Credit? It's means tested so you'll need to claim as a couple so your earnings, if you work will reduce your UC by 63% of you don't have the work allowance. This pays class 3 NI credits.

Simes122

Hi thanks, 

so it looks like because she was sick, even though she was previously eligible and has worked and contributed her whole life, her sickness precludes her getting it this time round.  Seems unfair but it does look like dwp are correct.  Unfortunately she’s not eligible for UC because of my earnings.

Appreciate your help,

Simon

poppy12345

Unfortunately, working all your life and paying NI contributions doesn't help with a benefit claim. For NS/ESA now, it's tax years April 2017 to April 2019 that count.

poppy12345

Has either of you looked into claiming PIP for her? Although it's not awarded based on a diagnosis, it's how those conditions affect her ability to carry out daily activity based on the PIP descriptors. It's not means tested so your earnings or capital doens't affect it. Take a look at this link. https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/

A successful claim can take several months but worth having a look to see if she may qualify, if she doesn't already claim it.

Simes122

Thanks - I don’t think she’s eligible for pip.  She’s in remission but is highly vulnerable to infection which is why she’s been dismissed from her job to ill health - they cannot make her workplace (Preschool) safe enough to accommodate her vulnerability to infection - not just in a Covid context but especially because of Covid.  But she is mobile and independent - she just can’t work because of infection risk.  It seems wrong that the very illness that qualified her for support and put her into a position of needing NI credits, which she received, yet these credits now disqualify from the same benefit now she needs it again.  And she can never qualify again having worked all her life, because she can no longer work - Catch 22!  So much for working hard all your life grr.

Cheers, 

Simon

poppy12345

She can still claim for NI credits towards her state pension but she just can't receive the money because of lack of NI from working in the relevant tax year.

Spoonie_Turtle

If she's well enough, could she look into working from home? 

I would second at least looking into PIP; if she is on medication with side effects e.g. fatigue that make things take longer (even if she can do the things herself) or needing to sit down / take breaks doing things, she may qualify. If you read through how it's assessed and still don't think it applies to her then you won't have lost anything from just investigating.
https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

calcotti

Although her ESA claim was refused in respect of payment because she doesn’t meet the NI conditions has she nonetheless been assessed as having Limited Capability for Work? This will enable her to continue to get Class 1 NI credits toward success her State Pension. 

Simes122

She’s a childcare practitioner so cannot do that anymore and she’s been that all her life.  In theory she could work from home doing something but I’m doubtful that at her age and with the relapsing/remitting nature if her cancer and needs for treatment cycles it’s that practical or likely she’ll find anything to suit.

shes physically able, mobile and independent.  Just highly vulnerable - she has to effectively shield all the time.  If she had mental illness it looks more likely she’d qualify than a blood cancer.  Looks like she’ll get nothing.  Makes my blood boil when people are clearly abusing the system and getting the taxes my wife has contributed all her life, and she gets a specific cancer and qualifies for nothing.

I accept in our case financially we’ll be ok while I work (until she needs more care).  So there are others financially worse off - it’s infection vulnerability that seems to be a hole in the system.

thanks for your thoughts, Simon

poppy12345

Simes122 said:

 If she had mental illness it looks more likely she’d qualify than a blood cancer.  Looks like she’ll get nothing.  Makes my blood boil when people are clearly abusing the system and getting the taxes my wife has contributed all her life, a

Very few people claim benefits fraudulently. ESA is not awarded based ona diagnosis and neither is PIP. I know you must be really frustrated but we are only answering the question you asked.