National Insurance Credits whilst working and eligible for ESA

StockportGerbil

My wife was awarded ESA backdated to January 18 (after going to a tribunal.) However, she receives National Insurance credits only as she didn’t pay enough national insurance in the previous two years. This was because she had to reduce her working hours because of her disability. Her disability eventually meant she had to stop working all together.

I notice that Class 1 National Insurance Credits are awardable if “You’re not on Employment and Support Allowance but you satisfy the conditions for it” (https://www.gov.uk/national-insurance-credits/eligibility)

Has anyone had any success in claiming National Insurance Credits to cover the missing national insurance contributions whilst still working?

Thanks

poppy12345

If you mean can she claim for the years before her claim started? then no, this isn't possible.

[Deleted User]

I wouldn't worry too much as she only needs 35 years of N.I to qualify for a full SRP.

calcotti

venison said:

I wouldn't worry too much as she only needs 35 years of N.I to qualify for a full SRP.

That depends on whether or not she was ever ‘contracted out’ prior to 2016.
https://www.gov.uk/new-state-pension/how-its-calculated

StockportGerbil

Sorry I haven't made myself clear.
The aim is for my wife to receive ESA payments. At present she is ineligible to receive ESA payments because she hadn't paid sufficient National Insurance contributions for the two years prior to claiming ESA. The thirty full years of National Insurance contributions prior to that are ignored.
If you are eligible to receive ESA but not claiming it then you should / could? receive class 1 national insurance credits. 
Has anyone successfully claimed National Insurance Credits (https://www.gov.uk/national-insurance-credits/eligibility) whilst still working in a limited capacity?
Thanks for the thoughts about her pension. 

Spoonie_Turtle

StockportGerbil said:

Sorry I haven't made myself clear.
The aim is for my wife to receive ESA payments. At present she is ineligible to receive ESA payments because she hadn't paid sufficient National Insurance contributions for the two years prior to claiming ESA. The thirty full years of National Insurance contributions prior to that are ignored.
If you are eligible to receive ESA but not claiming it then you should / could? receive class 1 national insurance credits. 
Has anyone successfully claimed National Insurance Credits (https://www.gov.uk/national-insurance-credits/eligibility) whilst still working in a limited capacity?
Thanks for the thoughts about her pension. 

ESA won't be paid on the basis of credits alone, and I believe to receive credits for ESA even without the payments one has to have had a WCA, which presumably she didn't at the time when she was working fewer hours. I'm not completely familiar with the intricacies of legacy benefits (nor their New-Style counterparts) but as far as I know any ESA claim can only be backdated three months. It sounds like that would be no help in meeting the qualifying conditions for being eligible for ESA to be paid.

If she met the conditions for permitted work (up to 16 hours per week and under a certain amount of earnings) then she could possibly have claimed during that time but that's no help to her now.

calcotti

As spoonie says the credits can only be awarded following a Work Capability Assessment subject to maximum backdating of three months. There is no way to get credits retrospectively for the two previous tax years.
Note also that even if she had credits for the two years she would still need to have earned over the Lower Earnings Limit for at least 26 weeks in one of those years in order to have qualified for ESA payments.