Refused widows allowance due to NI contributions

staceydobbo

Hi I was looking for some advice. I recently put a backdated claim in for widows parents allowance as they have since changed the rules and unmarried couples can now make backdated claims.  

However, Dwp refused my claim and stated not enough NI contributions were paid by my late partner who died in 2013. 

Yet at the time of his death and many years before he claimed benefits including ESA and before that was introduced he claimed income support with the sickness element. I was under the impression your NI contributions were still paid if you claim certain benefits. Yes I agree there maybe gaps in his record and for that reason I was not expecting the full £121 a week, but how can it be completely refused yet if he died after 2017 I would of definitely got the new bereavement support payment as he would of only had to make 25 payments to Ni.

Is it worth me appealing the decision and how do I find out why his NI was not paid.

Thanks for any suggestions 

tooldle

The guidance talks about NI contributions rather than NI credits. I’m certainly no expert, but wonder if this is the explanation?

marcia_

They might know more on the benefits board 

https://forums.moneysavingexpert.com/categories/benefits-tax-credits

Mojisola

I thought the credits you get from being on ESA and IS just gave that person pension credits but didn't count towards any other benefits.

It's a shame that when they were making changes, the government didn't make it a benefit for the children which was added to the CB payments.  All children who lose a parent should be treated equally.

MSE_ForumTeam5

We've moved the thread to the Benefits board

poppy12345

It doesn't mention any NI credits in the eligibility criteria here. https://www.gov.uk/bereavement-support-payment/eligibility

Caz3121

poppy12345 said:

It doesn't mention any NI credits in the eligibility criteria here. https://www.gov.uk/bereavement-support-payment/eligibility

OP is asking about WPA (as death before 2017)
https://www.gov.uk/widowed-parents-allowance
it says to be eligible "your partner paid National Insurance contributions" which I suspect is different to receiving NI credits (for pension purposes)

staceydobbo

Thanks all for the replies, I have requested my late partners NI record from HMRC to see what has been paid. I don't think it's worth appealing which is devastating for my little boy which would of really helped. 
The law changed as it was ruled it was discrimination and against human rights to dismiss cohabiting partners from these payments, yet how is it not discrimination to dismiss the children who's parent claimed benefits on an off as they were to sick to work

Spoonie_Turtle

The DMG refers to being treated as satisfying the contributions condition:

2. their late spouse or civil partner
2.1 satisfied the contributions conditions4 or
2.2 was treated as satisfying the first contribution condition by being entitled to IBLT at anytime
2.2.a during the year in which he or she reached pensionable age or died under that age or
2.2.b immediately before the year in 2.2.a5 or
2.3 was treated as satisfying the first contribution condition by being entitled to ESA(Cont)6 or ESA(IR)7 which includes the support component or WRAC8 at anytime
2.3.a during the year in which they reached pensionable age or died under that age or
2.3.b immediately before the year in 2.3.a9 or
2.4 was treated as satisfying contribution conditions as a result of an IA or PD10 

DMG Chapter 63, p.8
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/626937/dmgch63.pdf

It later talks about Earnings Factor Credits from before 2010/11.

So, looks like it's complicated!  But no obvious discrimination against parents who had to claim benefits because they were too ill too work.