New style ESA – National Insurance contributions tests

Robbie64

Deleted_User said:

Robbie64 said:

Where on the HMRC app has the ESA been added? Is it under Pay As You Earn for the current (2021/22) tax year?

Yes - this tax year 

I'd amended my post just after you posted. It's possible that it could be an estimate of your income from ESA for the current tax year. Or at least an estimate based on what HMRC may think you could get from taxable ESA during the current tax year. It's still possible / probable that your income from ESA will be £0 but I'm wondering whether HMRC have estimated £4325 as income from ESA. It works out at roughly the rate you would get in the Support Group for the rest of the tax year. It looks to me like a "safe amount" calculation so the rest of your tax free allowance for 2021/22 is free to be allocated elsewhere.

edit: I notice you had amended your post too. If it is affecting your other pensions you may need to conatct HMRC.

[Deleted User]

I have removed ESA myself on the app

[Deleted User]

Do I need to provide a constant stream of fit notes even if I get put in the support group?
How long should I get on each note? 

Spoonie_Turtle

Deleted_User said:

Do I need to provide a constant stream of fit notes even if I get put in the support group?
How long should I get on each note? 

No, once you've had your assessment you shouldn't need to provide fit notes.  The only situation in which you would is if they decided you were fit for work, in which case you would need to provide fit notes whilst you challenge the decision.

Robbie64

You will need to provide fit notes until the DWP tell you not to. That would be once you have undergone a Work Capability Assessment.

poppy12345

Fit notes will no longer be needed regardless of which group you're placed into. Even if you're in the WRAG it has been known for people in this group to be "left alone" just like the Support Group.

[Deleted User]

Robbie64 said:

You will need to provide fit notes until the DWP tell you not to. That would be once you have undergone a Work Capability Assessment.

How long should I ask my GP to provide one for? 

calcotti

Deleted_User said:

Robbie64 said:

You will need to provide fit notes until the DWP tell you not to. That would be once you have undergone a Work Capability Assessment.

How long should I ask my GP to provide one for? 

As long as they are willing, I think most will not do more than three months at a time but some will only do less.

StockportGerbil

Sorry for jumping onto this thread again but I’ve been ‘going back to basics’ and trying to look at the relevant legislation / the law as referred to by the DWP lady we last spoke to.

With respect to my original question the 26 week requirement is because regulation 8 of the Employment and Support Allowance Regulations 2013 specifies “For the purposes of paragraph (1), earnings which exceed the lower earnings limit are to be disregarded.” i.e. you cannot ‘éarn’ more than a weeks’ worth of national insurance in a week.

I now have three thoughts / questions.

-        I am told (via a disability rights lawyer) that the DWP will apply discretion on occasions, but that individual couldn’t detect any rhyme or reason to that discretion. Does anyone know how to get that discretion applied?

-        Julie has been in receipt of DLA, higher mobility component at least since 2007. Is that DLA award evidence of limited capacity for work as per schedule 14 allowing different contribution years to be considered for ESA payments?

-        When I look at National Insurance Credits as specified in “The Social Security (Credits) Regulations 1975”, section 3 it specifies “Any contributions or earnings credited in accordance with these Regulations shall be only for the purpose of enabling the person concerned to satisfy— <snip> (c)in relation to a contributory employment and support allowance, the condition specified in paragraph 2(1) of Schedule 1 to the Welfare Reform Act”.

Paragraph 2 of schedule 1 of the Welfare Reform Act is “The earnings referred to in sub-paragraph (1)(c) are the aggregate of— (a)the claimant's relevant earnings for the base tax year upon which primary Class 1 contributions have been paid or treated as paid, and

(b)the claimant's earnings factors derived from Class 2 contributions.”

Does this mean that national insurance credits are to be treated as National Insurance earnings for the purposes of the 26 weeks limit?

 

Thanks

Kevin

 

 

poppy12345

You've been advised quite a few times in the thread that she doesn't qualify for ESA payments based on her NI contribuitons in those relevant tax years.