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Can I claim New Style ESA ?

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MouldyOldDough
MouldyOldDough Posts: 1,892 Forumite
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edited 17 May at 3:36PM in Benefits & tax credits
If this is the wrong board - I apologise - but I didn't know whether to post to Pensions or Benefits (I am interested in both)
I am claiming NI credits on my "non paying but entitled to claim" ESA - Because I am lacking 6 years of NI credits to receive a full SP.
I am now 60 years old.
Because I did not pay any NI over the last 12 years (due to low pay (I am on early medical retirement benefits from former employer) - I was told that I was not entitled to New Style ESA.
I am claiming / receiving enhanced PIP (care and mobility) so would / should apparently be put in support group...
But NOW I DO have recent (last 2 years) CLASS 1 NI credits (Courtesy of job centre) - so does that NOW entitle me to claim New Style ESA ?
Do my ill health pensions reduce the amount that I would receive ?
From Which:

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  • p00hsticks
    p00hsticks Posts: 13,070 Forumite
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    My understanding is that to qualify you have to have earned the Class 1 contributions via paid employment , not just been creditted with them via another benefit, but I stand to be corrected....
  • Muttleythefrog
    Muttleythefrog Posts: 19,854 Forumite
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    edited 17 May at 5:33PM
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    Agree with above... simple answer is no and their decision seems correct... NI contribs must be from paid or self employment in the preceding couple years.

    You can refer to this page for clarity of circumstances required
    https://www.gov.uk/guidance/new-style-employment-and-support-allowance
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • Spoonie_Turtle
    Spoonie_Turtle Posts: 8,603 Forumite
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    https://www.entitledto.co.uk/help/employment-and-support-allowance-contribution-based

    • First contribution condition - in one of the last two complete tax years, you must have paid Class 1 or 2 contributions on relevant earnings at the lower earnings limit for at least 26 weeks. This means you must have worked for at least 26 weeks of the last two complete tax years; and
    • Second contribution condition - in both of the last two complete tax years, you must have paid or been credited with, Class 1 or 2 contributions on earnings of at least 50 times the lower earnings limit.
    You wouldn't meet the first condition, so unfortunately no.
  • poppy12345
    poppy12345 Posts: 18,160 Forumite
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    Have you check entitlement to Universal Credit?
  • MouldyOldDough
    MouldyOldDough Posts: 1,892 Forumite
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    edited 18 May at 9:27AM
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    Have you check entitlement to Universal Credit?
    Yes thanks and we are not entitled due to savings
    it is just that Which does say "you might as well claim the benefit at the same time...."
  • Muttleythefrog
    Muttleythefrog Posts: 19,854 Forumite
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    edited 18 May at 9:52AM
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    Have you check entitlement to Universal Credit?
    Yes thanks and we are not entitled due to savings
    it is just that Which does say "you might as well claim the benefit at the same time...."
    I think they're just giving a catch-all bit of advice... and to be honest their terminology is poor... if you're going to contact the jobcentre for credits then they advise also applying for any benefits you have entitlement to. I can't say I've read Which in relation to benefits information but given what you have read I would advise against further using it for a source on the issue. Far better probably are the benefit calculator sites like Entitled To or indeed the government website itself.... or here!
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • poppy12345
    poppy12345 Posts: 18,160 Forumite
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    Have you check entitlement to Universal Credit?
    Yes thanks and we are not entitled due to savings
    it is just that Which does say "you might as well claim the benefit at the same time...."
    Anyone can claim a benefit but whether there’s any entitlement is a totally different story. Based on the information you have given here you will not be entitled to payments for New style ESA. Of course you can still put an application in but you will be wasting your time and there’s. 
  • MouldyOldDough
    MouldyOldDough Posts: 1,892 Forumite
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    Have you check entitlement to Universal Credit?
    Yes thanks and we are not entitled due to savings
    it is just that Which does say "you might as well claim the benefit at the same time...."
    Anyone can claim a benefit but whether there’s any entitlement is a totally different story. Based on the information you have given here you will not be entitled to payments for New style ESA. Of course you can still put an application in but you will be wasting your time and there’s. 

    Thanks - I won't bother
    I am receiving NI credits based on a non-paying ESA claim anyway
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