Can I claim Contribution Based ESA question

nichf

Hi

I was made redundant in May 2022 and subsequently claimed Contribution Based JSA for six months (til Dec 2022).

From Dec 22 to Oct 23, I was looking for work (unsuccessfully) and wasn't eligible to claim any benefit funds at all and didn't need to sign on because I already have 35 years worth of NI contributions for my pension.  

It's now Nov 22 and some old health issues (plus new ones) have reared their ugly head and in the first instance, I am now signed off work sick til 01/01/24 (it will be longer term than that whilst I undergo treatment etc. but GP didn't wants to see me again in early Jan and will then issue a further sick/fit note).

Does anyone know if I am now eligible to claim Contribution Based ESA bearing in mind I claimed Contribution Based HSA from May-Dec22 and haven't worked since that claim.

Thanks for any info you can give.

poppy12345

It would be New style ESA you will need to claim, rather than the old contributions based ESA. The tax years they look at for NI contributions is 2020/21 and 2021/22. Please also be aware that from the 1st Sunday in January the years change to 2021/22 and 2022/23.

You can check your NI record here. https://www.gov.uk/check-national-insurance-record

Spoonie_Turtle

The CAB says the relevant tax years for ESA (this year, it will change in January) are 2020/21 and 2021/22.  As you were working that whole time, you should just about qualify. 
If you'd left it much later then no, so good timing!

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/help-with-your-esa-claim/check-if-you-can-claim-esa/#:~:text=Check if you can claim new style ESA,-21 and 2021-22.

HillStreetBlues

NI contributions needed for CB ESA are currently from tax years 20-21 & 21-22, so ATM from April 22 aren't counted (that changes in Jan), so you could well be able to claim it.
When you claimed in May 2022  the years would have been 19-20 20-21, so you must have paid enough NI contributions in 20-21  so it's just 21-22 to check.
But I don't know if a previous (JSA) claim makes a difference.

p00hsticks

nichf said:

I already have 35 years worth of NI contributions for my pension.  

The 35 years for a full state pension only applies to those born this century who only started working since the introduction of the new State Pension in April 2016.  The rest of us are under transitional rules and depending on our individual NI records may need more or less to get the full amount  (anything from 29 to 50 years, accordin to posts over on the pensions board). 

So if you haven't already done so, check your pension forecast to ensure that you don't need any further contributions
Check your State Pension forecast - GOV.UK (www.gov.uk)

HillStreetBlues

p00hsticks said:

nichf said:

I already have 35 years worth of NI contributions for my pension.  

The 35 years for a full state pension only applies to those born this century who only started working since the introduction of the new State Pension in April 2016.  The rest of us are under transitional rules and depending on our individual NI records may need more or less to get the full amount  (anything from 29 to 50 years, accordin to posts over on the pensions board). 

So if you haven't already done so, check your pension forecast to ensure that you don't need any further contributions
Check your State Pension forecast - GOV.UK (www.gov.uk)

https://www.gov.uk/new-state-pension

You’ll be able to claim the new State Pension if you’re:

• a man born on or after 6 April 1951
• a woman born on or after 6 April 1953

nichf

I’ve checked my state pension and it says, “you cannot improve your forecast” so no worries with that.  I also have NI contributions for 26 weeks in tax year 22/23 so know that in a normal situation I’d be eligible for contribution based ESA,  However, am I still eligible because I claimed contribution based JSA for six months last year and haven’t worked again since then or will the eligibility criteria (must have made NI contributions in 20/21 & 21/22) overrule the fact I’ve already had payments via contribution based JSA?

Spoonie_Turtle

nichf said:

I’ve checked my state pension and it says, “you cannot improve your forecast” so no worries with that.  I also have NI contributions for 26 weeks in tax year 22/23 so know that in a normal situation I’d be eligible for contribution based ESA,  However, am I still eligible because I claimed contribution based JSA for six months last year and haven’t worked again since then or will the eligibility criteria (must have made NI contributions in 20/21 & 21/22) overrule the fact I’ve already had payments via contribution based JSA?

I don't know the answer to that but either way you need to apply before January. 

https://www.entitledto.co.uk/help/employment-and-support-allowance-contribution-based

See the second contributions condition - you need to effectively have both relevant tax years full.  (The 26 weeks of JSA aren't credits from earnings so won't count towards the first condition, but you working before that will satisfy that condition.)

nichf

I applied online this week but wanted a heads up whether my claim would be rejected because of my JSA claim last year.  Thanks for the info. 👍

Alice_Holt

nichf said:

 However, am I still eligible because I claimed contribution based JSA for six months last year and haven’t worked again since then or will the eligibility criteria (must have made NI contributions in 20/21 & 21/22) overrule the fact I’ve already had payments via contribution based JSA?

      i) Yes, as long as you satisfy the NI contributions eligibility as described. 
      ii) No overrule. 

  To stay on ESA you will need to be assessed as not fit for work (the WCA test - 15 points or a Support Group descriptor) you will need to complete an ESA50 form. I'd suggest either doing some research on this or getting help from your local advice charity.
  https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/help-with-your-esa-claim/fill-in-form-esa/

nichf

Alice_Holt said:

nichf said:

 However, am I still eligible because I claimed contribution based JSA for six months last year and haven’t worked again since then or will the eligibility criteria (must have made NI contributions in 20/21 & 21/22) overrule the fact I’ve already had payments via contribution based JSA?

      i) Yes, as long as you satisfy the NI contributions eligibility as described. 
      ii) No overrule. 

  To stay on ESA you will need to be assessed as not fit for work (the WCA test - 15 points or a Support Group descriptor) you will need to complete an ESA50 form. I'd suggest either doing some research on this or getting help from your local advice charity.
  https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/help-with-your-esa-claim/fill-in-form-esa/

Thank you for the information.