ESA - how to get national insurance credits in order to qualify.

lucylou32

I was diagnosed with stage 4 bowel cancer in December 2020, tried claiming ESA in March, to be told that you need to have paid 2 yrs worth national insurance prior to claiming, and in 2018 I didn’t work for 3 months (in between jobs) and therefore didn’t pay national insurance, and now do not qualify for ESA. In a hopeful way, I’m planning on sticking around for a while, so am wondering if I can try to claim again next year, once 2018 is no longer part of my ‘last 2 years’ however, with chemotherapy treatment etc I haven’t been able to work since December and officially stopped paying into national insurance in April, so my question is, what other ways can I pay into my national insurance, to ensure I qualify for ESA next year. Thanks in advance. 

calcotti

The way to get NI credits is to claim ESA as you have done. Unless you cancelled your claim you should still have a Work Capability Assessment and if found to have Limited Capability for Work will get Class 1 NI Credits. Have you been sent a health assessment form? As you have cancer and are receiving chemotherapy you should automatically be treated as having Limited Capability for Work and Work Related Activity once the form has been completed and returned.

In respect of future entitlement to ESA, after the first Sunday in 2022 they will look at the tax years 2019-20 and 2020-21 to see whether or not you are entitled to be paid. Unless you are self employed there is nothing you can do to improve your record for those years in terms of ESA. You can pay Class 3 voluntary contributions to help with State Pension (if needed) but Class 3 contributions do not help with ESA. You can check what your NI record shows https://www.gov.uk/check-national-insurance-record but 2020-21 contributions may not show yet.

Someone who is/was self employed can pay voluntary Class 2 contributions and then qualify but it doesn't sound as if this applies to you.

In the meantime have you checked whether you are entitled to Universal Credit? Whether or not there is entitlement depends on your household circumstances. Try a benefits calculator https://www.gov.uk/benefits-calculators. However, if you currently receive any means tested benefits (including Tax Credits) be aware that applying for UC will end those benefit claims.

lucylou32

Thank you for that. I can’t claim UC because my life insurance policy has paid out over £16,000, so i’m planning on making that money last the rest of 2021. They’ve told me, I don’t qualify for ESA, so I’m a little confused, I haven’t cancelled my claim, but I didn’t bother sending in any additional sick notes from the GP, because, well, they told me I didn’t qualify for benefit ?

lucylou32

Thank you for that. I can’t claim UC because my life insurance policy has paid out over £16,000, so i’m planning on making that money last the rest of 2021. They’ve told me, I don’t qualify for ESA, so I’m a little confused, I haven’t cancelled my claim, but I didn’t bother sending in any additional sick notes from the GP, because, well, they told me I didn’t qualify for benefit ?

calcotti

You need to send in Fit Notes so you can be assessed. Worth ringing them to see if you can do this or whether you will need to start a new claim. As advised if you are found to have LCW/LCWRA (which you should be) then you get Class 1 NI credits even though you cannot be paid anything.

If your capital drops below £16,000 you can claim UC.

airliner

lucylou32 said:

I was diagnosed with stage 4 bowel cancer in December 2020, tried claiming ESA in March, to be told that you need to have paid 2 yrs worth national insurance prior to claiming, and in 2018 I didn’t work for 3 months (in between jobs) and therefore didn’t pay national insurance, and now do not qualify for ESA. In a hopeful way, I’m planning on sticking around for a while, so am wondering if I can try to claim again next year, once 2018 is no longer part of my ‘last 2 years’ however, with chemotherapy treatment etc I haven’t been able to work since December and officially stopped paying into national insurance in April, so my question is, what other ways can I pay into my national insurance, to ensure I qualify for ESA next year. Thanks in advance. 

Did you check the rules around the contribution conditions for New Style ESA? 
Sometimes the info that the DWP get from the HMRC is wrong or the employer has reported it incorrectly.

How much did you earn in the following tax years?
2018/19
2019/20