ESA claim NI credits help

KCgreeneyes

I’m a 44yr old female, due to ill health, both chronic physical and mental health problems, and caring responsibilities for my seriously ill & disabled parents, both now dead. I’ve been unable to work at all or work full time for many years. There have been years I’ve reluctantly claimed benefits, I’m currently on UC, and times I didn’t have the energy or time to go through the stressful process of claiming it. I’ve been self employed part time for the last 5yrs but only able to currently work about 5hrs a week due to my health.

I’ve recently become aware of the deadline of 05/04/25 to make up missing NI credit years back to 2006 & upto 2018 and have seen what years I have and my forecast. I have 16 full years, missed 5 before 2006 that I can’t now get and have 7yrs between 2006 & 2018 missing: 3 partial years & 4 fully, and 1yr partially missing from 3 yrs ago that I can cheaply top up as class 2. 

I’ve read on the money saving expert website that ppl who were eligible to claim Employment and Support Allowance but didn’t, can still get their NI credits for those yrs. Question 1 - Does anyone know how far back that goes and how to go about getting the credits? 

I’ve contacted the Future Pension Credits Helpline (40 min wait), the lady I spoke to didn’t know anything about it but said I should contact ESA, I did that (60 min wait), the rude man I spoke to said I’d have to apply for ESA online which didn’t make a lot of sense, I reiterated the specifics but he just got more annoyed and said all I could do was apply online. When I try to apply online it just says it’s now UC. Tried phoning the Future Pension Credit Helpline back repeatedly but just get cut off after about 10 mins. I’ve left a msg with my local council team that helped me apply for benefits to see if they can help. I’ve spoken to HMRC’s National Insurance general enquiries (75 min wait), but they said they can’t help me, I’d need to speak to ESA, so I’m now back waiting to speak to ESA again to see if I can talk to a more knowledgeable & helpful person (75 mins so far), I’m getting very stressed and frustrated as I don’t seem to be able to find anyone that has any knowledge on the subject. I may also try citizens advice but I’m aware while they try hard to help they don’t necessarily have the knowledge on all topics.

Question 2 - I know ultimately no one can make the decision but me, but I’m not sure if I should pay for some or all of my missing yrs? (assuming I can’t, can’t in time for the deadline, claim credits), it would be a significant chunk of my very small savings which really scares me. I still have 23yrs before I’m entitled to my state pension so potentially could get the remaining 19yrs I need but with my health unlikely to improve soon if at all and knowing how difficult it is and has been to ‘prove’ my ill health I know I may not be able to rely on getting the future NI contributions through work or benefits. Many thanks 

molerat

Firstly, what does your forecast show in full ?

Post up the following anonymous details and we can see your overall situation.

Current weekly £££.pp amount accrued up to April 2024.
Number of full NI years 15-16 and earlier
Number of full NI years 16-17 and later
Tax year you reach state retirement
Any COPE amount.  If you have "You've been in a contracted-out pension scheme" on your forecast then click
here https://www.tax.service.gov.uk/check-your-state-pension/account/cope whilst logged into your tax account
Years which show not full and prices

The forthcoming April cut off is in fact an extension of the original April 2023 cut off which was announced in 2013.  You are up against it for getting backdated ESA credits, it is hard uphill struggle even when you are not working to a deadline.  Future pensions only deal with what you have, what you need and what you will get. They are not into the finer details of how you get them, that is down to the respective agencies of HMRC and benefits departments.  Getting too much pension may not be in your best interests as that could preclude you from pension credit which opens the door to a host of other payments and savings.

KCgreeneyes

Thankyou for your reply,
I reach state pension age in 2048, so 23 years to go. I’ve got 8 full years 2015-16 and earlier & I had 7 of 8 years full from 2016-17 and have just paid £75 class 2 rate to top up the 8th but was told by HMRC that there’s a backlog of 51 weeks to update records so that year won’t currently be showing on my forecast. This year will also be full. My current forecast (excluding 2022-3 which I’ve just topped up), is £96.61 pw of a possible maximum of £221.20 pw. It doesn’t mention COPE on my forecast so I assume not. If I pay £1,736 I can top up the 3 years that are partial. Another £3,296.80 would complete the 4 years that are empty back to 2006.

I’ve spoken to ESA 3 times now and got 3 different responses, it feels like no one there actually knows anything about getting backdated NI credits. I’ve been told once I’d have to apply for ESA online to get it which is incorrect, I’ve been told it’s not possible to get any credits backdated and I’ve now been told it’s nothing to do with ESA and only HMRC can do it despite speaking to HMRC and them telling me it was nothing to do with them only ESA could do it!  The info on MSE states you can get NI credits if you were eligible for ESA but not claiming it. I realise I may not have the time to sort this before the deadline but would like to try however I can’t find anyone in any government dept that can help me.
Many thanks Karen

molerat

You seem to be pretty switched on as to what you need. So, you do not 'need' to top up up any past years as you have plenty of time going forward.  If you do qualify for the backdated benefits then all well and good as they will not be affected by the cut off but you are seeing the problem of actually doing that and the problem is that most of those past years are becoming no longer available soon if you don't qualify.  I would not bother buying the full price years, yes they are cheaper than current price but you can pay monthly going forward so that eases the pain a little.  How are you filling current years ?  Are you claiming benefits ? You need 20 years to reach the max less the one you have just paid and this year so 18 with 23 to get there.

KCgreeneyes

I’ve been doing a lot of research on pensions the last week since I found out about the deadline so it’s a steep learning curve. Due to chronic ill health, which may or may not improve, I’m only able to work a few hours a week, less than a day a week at the moment and have been on UC for the last 3yrs so currently getting my credits that way, my concern is that although I should get credits through my benefits if I’m not well enough to work enough hours, the system makes it very difficult to prove how my illnesses affect me, which means there’s times I was entitled to benefits but was either unfairly turned down and delayed getting them while appealing or just didn’t have the energy to deal with trying to get them and I don’t know if I’ll have the same problem in the future and if I’ll have the finances in the future to top up years needed if required, I should be getting PIP but have been unfairly turned down and can’t face a tribunal. Many thanks for your help, do you know who I should be contacting to try get the backdated credits?

molerat

It is UC who pass the data to HMRC, HMRC cannot simply award credits without the say so of the department that gives the benefits.  Contacting your MP could be a good approach, department heads do not like being dragged up in front of a parliamentary committee so it often gets answers and things moving.  It could also be an idea to contact Martin Lewis, the MSE guide says ..... but no one will deal with the request, he knows who to speak to.