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Disabled falling through the gaps

Arty60
Arty60 Posts: 7 Forumite
First Post
in Benefits & tax credits
My daughter who is a hard working mother has over the last year suffered a disability which affects her eyes, so can not drive or work.
She had 4 children, 2 older boys and twins just 4 years ago. When the twins arrived she worked in a school but only a few hours a week, working with special needs children.
Last year she suffered an issue that effected her vision and can not leave the house without someone. 
As she lost her income she was hoping to claim ESA but due to her low wage she had not paid enough NI so could not claim. Her husband works nights and overtime to support the family, but earns just a little too much to claim any Universal credit. 
They are able to claim PIP but not able to get any other benefits.
She wants to work and to contribute to society but with her disability can’t currently. 
How can she ever pay NI so that she can get support? 
She doesn’t claim child benefit due to the complex way you have to pay it back if you earn over a certain amount.
There must be many that fall through this gap and can’t pay NI to get the social payments they need.
Welcome any suggestions.
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Comments

  • Alice_Holt
    Alice_Holt Posts: 6,094 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    Arty60 said:

    How can she ever pay NI so that she can get support? 
    She doesn't claim child benefit due to the complex way you have to pay it back if you earn over a certain amount.
    There must be many that fall through this gap and can’t pay NI to get the social payments they need.
    Welcome any suggestions.
          Note that CB is only completely withdrawn, once a person in the household earns over £60k (taxable income after pension contributions).
          Even if this is the case, they can still claim CB to get NI credits for her, but then opt out of actually receiving it.

       https://www.gov.uk/child-benefit-tax-charge/stop-child-benefit

      " If you choose to opt out of getting Child Benefit payments

    You should still fill in the Child Benefit claim form. You need to state on the form that you do not want to get payments.

    You need to fill in the claim form if you want to:

    • get National Insurance credits, which count towards your State Pension
    • get your child a National Insurance number without them having to apply for one - they’ll usually get the number before they turn 16 years old  "


    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • sheramber
    sheramber Posts: 24,475 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Arty60 said:
    My daughter who is a hard working mother has over the last year suffered a disability which affects her eyes, so can not drive or work.
    She had 4 children, 2 older boys and twins just 4 years ago. When the twins arrived she worked in a school but only a few hours a week, working with special needs children.
    Last year she suffered an issue that effected her vision and can not leave the house without someone. 
    As she lost her income she was hoping to claim ESA but due to her low wage she had not paid enough NI so could not claim. Her husband works nights and overtime to support the family, but earns just a little too much to claim any Universal credit. 
    They are able to claim PIP but not able to get any other benefits.
    She wants to work and to contribute to society but with her disability can’t currently. 
    How can she ever pay NI so that she can get support? 
    She doesn’t claim child benefit due to the complex way you have to pay it back if you earn over a certain amount.
    There must be many that fall through this gap and can’t pay NI to get the social payments they need.
    Welcome any suggestions.
    Has she contacted RNIB who offer support and advice to visually impaired.

    If she is registered blind,  check if she can apply for Bling Person's Tax Allowance, which can be transferred to her husband if she doesn't use it.
  • poppy12345
    poppy12345 Posts: 18,976 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 28 May 2023 at 11:35AM
    Arty60 said:

    How can she ever pay NI so that she can get support? 

    Unless she was self employed at all in the last 2 tax years then paying NI will not help a benefits claim.
    For child benefit she will receive class 3 which will help towards her state pension but not any benefit claims.
  • calcotti
    calcotti Posts: 15,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 28 May 2023 at 2:44PM
    When she claimed new style ESA, although she could not be paid anything, did she proceed to have a Work Capability Assessment? Which found to have Limited Capability for Work she will receive Class 1 NI credits.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • Arty60
    Arty60 Posts: 7 Forumite
    First Post
    calcotti said:
    When she claimed new style ESA, although she could not be paid anything, did she proceed to have a Work Capability Assessment? Which found to have Limited Capability for Work she will receive Class 1 NI credits.
    No I don’t think she did. I will get her on this thanks.
  • calcotti
    calcotti Posts: 15,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Arty60 said:
    calcotti said:
    When she claimed new style ESA, although she could not be paid anything, did she proceed to have a Work Capability Assessment? Which found to have Limited Capability for Work she will receive Class 1 NI credits.
    No I don’t think she did. I will get her on this thanks.
    You also mentioned but he earns ‘just enough’ not to qualify for her UC. Is you sure they have included all of the elements of UC which could apply. He could get the carer element for looking after her and if she was was to to have Limited Capability for Work and Work Related Activity she would get the LCWRA element (alongside and standard allowance and any other elements for rent or children).
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • Arty60
    Arty60 Posts: 7 Forumite
    First Post
    calcotti said:
    Arty60 said:
    calcotti said:
    When she claimed new style ESA, although she could not be paid anything, did she proceed to have a Work Capability Assessment? Which found to have Limited Capability for Work she will receive Class 1 NI credits.
    No I don’t think she did. I will get her on this thanks.
    You also mentioned but he earns ‘just enough’ not to qualify for her UC. Is you sure they have included all of the elements of UC which could apply. He could get the carer element for looking after her and if she was was to to have Limited Capability for Work and Work Related Activity she would get the LCWRA element (alongside and standard allowance and any other elements for rent or children).
    Need to look into LCWRA but also as she has son at Uni and working to pay for that, his income is included.
    We looked into to Carer Allowance but that also had a reason we couldn’t claim. Earnings precluded this, over £139 pw.
  • Spoonie_Turtle
    Spoonie_Turtle Posts: 11,014 Forumite
    10,000 Posts Sixth Anniversary Name Dropper
    Arty60 said:
    calcotti said:
    Arty60 said:
    calcotti said:
    When she claimed new style ESA, although she could not be paid anything, did she proceed to have a Work Capability Assessment? Which found to have Limited Capability for Work she will receive Class 1 NI credits.
    No I don’t think she did. I will get her on this thanks.
    You also mentioned but he earns ‘just enough’ not to qualify for her UC. Is you sure they have included all of the elements of UC which could apply. He could get the carer element for looking after her and if she was was to to have Limited Capability for Work and Work Related Activity she would get the LCWRA element (alongside and standard allowance and any other elements for rent or children).

    We looked into to Carer Allowance but that also had a reason we couldn’t claim. Earnings precluded this, over £139 pw.
    The carer element of UC just requires the person to be giving enough care to someone who claims the daily living component of a disability benefit.  It can be included regardless of whether the person claims Carers Allowance or not, and there is no earnings limitation on it.

    What did you mean by this:
    Arty60 said:
    calcotti said:
    Arty60 said:
    calcotti said:
    When she claimed new style ESA, although she could not be paid anything, did she proceed to have a Work Capability Assessment? Which found to have Limited Capability for Work she will receive Class 1 NI credits.
    No I don’t think she did. I will get her on this thanks.
    You also mentioned but he earns ‘just enough’ not to qualify for her UC. Is you sure they have included all of the elements of UC which could apply. He could get the carer element for looking after her and if she was was to to have Limited Capability for Work and Work Related Activity she would get the LCWRA element (alongside and standard allowance and any other elements for rent or children).
    Need to look into LCWRA but also as she has son at Uni and working to pay for that, his income is included.
    The son's income is irrelevant.
  • Arty60
    Arty60 Posts: 7 Forumite
    First Post
    Spoonie_Turtle said:
    Arty60 said:
    calcotti said:
    Arty60 said:
    calcotti said:
    When she claimed new style ESA, although she could not be paid anything, did she proceed to have a Work Capability Assessment? Which found to have Limited Capability for Work she will receive Class 1 NI credits.
    No I don’t think she did. I will get her on this thanks.
    You also mentioned but he earns ‘just enough’ not to qualify for her UC. Is you sure they have included all of the elements of UC which could apply. He could get the carer element for looking after her and if she was was to to have Limited Capability for Work and Work Related Activity she would get the LCWRA element (alongside and standard allowance and any other elements for rent or children).

    We looked into to Carer Allowance but that also had a reason we couldn’t claim. Earnings precluded this, over £139 pw.
    The carer element of UC just requires the person to be giving enough care to someone who claims the daily living component of a disability benefit.  It can be included regardless of whether the person claims Carers Allowance or not, and there is no earnings limitation on it.

    What did you mean by this:
    Arty60 said:
    calcotti said:
    Arty60 said:
    calcotti said:
    When she claimed new style ESA, although she could not be paid anything, did she proceed to have a Work Capability Assessment? Which found to have Limited Capability for Work she will receive Class 1 NI credits.
    No I don’t think she did. I will get her on this thanks.
    You also mentioned but he earns ‘just enough’ not to qualify for her UC. Is you sure they have included all of the elements of UC which could apply. He could get the carer element for looking after her and if she was was to to have Limited Capability for Work and Work Related Activity she would get the LCWRA element (alongside and standard allowance and any other elements for rent or children).
    Need to look into LCWRA but also as she has son at Uni and working to pay for that, his income is included.
    The son's income is irrelevant.
    The UC form asks for those over 18 in the house and their income, so assumed this is taken into consideration.

    The eligibility for carer Allowance state earnings.
    ”
    • your earnings are £139 or less a week after tax, National Insurance and expenses”
  • Spoonie_Turtle
    Spoonie_Turtle Posts: 11,014 Forumite
    10,000 Posts Sixth Anniversary Name Dropper
    edited 28 May 2023 at 8:42PM
    Arty60 said:
    Spoonie_Turtle said:
    Arty60 said:
    calcotti said:
    Arty60 said:
    calcotti said:
    When she claimed new style ESA, although she could not be paid anything, did she proceed to have a Work Capability Assessment? Which found to have Limited Capability for Work she will receive Class 1 NI credits.
    No I don’t think she did. I will get her on this thanks.
    You also mentioned but he earns ‘just enough’ not to qualify for her UC. Is you sure they have included all of the elements of UC which could apply. He could get the carer element for looking after her and if she was was to to have Limited Capability for Work and Work Related Activity she would get the LCWRA element (alongside and standard allowance and any other elements for rent or children).

    We looked into to Carer Allowance but that also had a reason we couldn’t claim. Earnings precluded this, over £139 pw.
    The carer element of UC just requires the person to be giving enough care to someone who claims the daily living component of a disability benefit.  It can be included regardless of whether the person claims Carers Allowance or not, and there is no earnings limitation on it.

    What did you mean by this:
    Arty60 said:
    calcotti said:
    Arty60 said:
    calcotti said:
    When she claimed new style ESA, although she could not be paid anything, did she proceed to have a Work Capability Assessment? Which found to have Limited Capability for Work she will receive Class 1 NI credits.
    No I don’t think she did. I will get her on this thanks.
    You also mentioned but he earns ‘just enough’ not to qualify for her UC. Is you sure they have included all of the elements of UC which could apply. He could get the carer element for looking after her and if she was was to to have Limited Capability for Work and Work Related Activity she would get the LCWRA element (alongside and standard allowance and any other elements for rent or children).
    Need to look into LCWRA but also as she has son at Uni and working to pay for that, his income is included.
    The son's income is irrelevant.
    The UC form asks for those over 18 in the house and their income, so assumed this is taken into consideration.

    The eligibility for carer Allowance state earnings.
    ”
    • your earnings are £139 or less a week after tax, National Insurance and expenses”
    The carer element on UC is different from Carers Allowance.  There is no earnings restriction on the carer element, it's included as part of the UC award.

    The son's income is irrelevant for UC.  It would only be relevant for Housing Benefit, which is not available for new claims by working age people.
    Edit: rereading, you said the UC form asks about over-18's income.  Are you sure it was the application for UC?  If so, it's possible the wording was confusing - but it still wouldn't matter, because UC is calculated according to actual income in a month, and would only include the husband and wife.
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