New Style ESA - NI contributions issue

weirdtimes

I hope it's that simple! Fingers crossed.

My concern is that neither options work. Because if I cancel my claim and start a new one, won't they be linked periods of sickness?

weirdtimes

weirdtimes said:

I hope it's that simple! Fingers crossed.

My concern is that neither options work. Because if I cancel my claim and start a new one, won't they be linked periods of sickness?

By this I'm referring to the rules about linked periods still using the same tax years. 

sammyjammy

You can withdraw the claim in its entirety.

RosieRooBear

@weirdtimes, I was in the same situation back in late 2018 when I put in an initial claim. I was informed that I would only be entitled to NI credits based on my contributions. Realised I needed the following tax year to be entitled to payments (both tax years used were from working contributions), so I withdrew my claim stating I was going to attempt to return to work (which I didn’t), waited a few weeks and submitted a new claim with the same information as the first. I was then able to receive payment and was placed into the support group. I don’t remember being asked about why I withdrew my first claim, but if I was I would have said that I was intending to go back to work but I wasn’t able to in the end.

weirdtimes

Ok, I've spoken to ESA. Woman I spoke to sounded knowledgeable and clocked my situation straight away, put me on hold to check with others etc. 

Apparently even if the years ending '22 and '23 are used for my claim, I won't qualify. This is because apparently ESA income-based (that I was claiming '21-'22) doesn't give the right kind of NI credits. (Although the employed year '22-'23 is fine.)

She said for my own peace of mind I could put in a new claim and then see what they say/bring it up with them, which I'm doing...

poppy12345

I wouldn’t take the advice of someone from a call centre! I would put in a claim anyway. The worst that can happen is they refuse payments. 

weirdtimes

Yeh I'm going to. 

Obviously I'm hoping she's wrong (!) but she did sound like she knew stuff, mentioned she'd been working on this benefit for years, and went and double checked stuff. Wasn't your standard call centre script type thing. 

I've had a google, and seem to be that income based benefits give class 3 NI credits (which count towards state pension) whilst contributory benefits give class 1 credits (which count towards future contributory benefits too). 

So if I'd been on contributions based ESA during '21-'22, the NI credits woule be class 1 and would count now. As it was income-based the credits are class 3 and don't count. 

Will update further when I know the outcome, for anyone coming across this thread in future!

weirdtimes

UPDATE!

Thought I'd update for anyone finding this thread in future whilst looking for advice. 

I withdrew my claim and made a fresh claim starting on Jan 8th (ie. when new benefit year had started.) 

I did speak to DWP at one point and the advisor was a bit confused by my claims, so I explained what I'd done. When they asked why I was honest and told them it was so I'd be assessed on different tax years. 

It worked! And they've actually paid the backdated money. 

I admit I am a little unsure why, as the info. I could find re. types of national insurance credits seemed to make sense. So I'm half expecting them to ask for the money back... but fingers crossed it's ok!

Thank you all for the advice.