ESA confusion

ConcernedParent56

For health reasons, my adult son has been unable to work for many years and has been entirely supported by myself.
I am now a pensioner and am concerned for him when I am no longer alive.
One of my biggest concerns is his very poor NI record. Prior to the start of this financial year, we registered to make voluntary contributions to fill in the gaps in his record (we have confirmation of doing this) - but are still waiting to be contacted to make the payments.
My son has just received a diagnosis of ME/CFS and his consultant suggests we should apply for benefits for him. From the government website, the appropriate benefits seem to be ESA and PIP.
ESA would automatically entitle him to future NI credits.
From the Government website, the eligibility requirements are stated as follows:

You can apply for New Style Employment and Support Allowance (ESA) if you’re under State Pension age and you have a disability or health condition that affects how much you can work.
You also need to have both:

• worked as an employee or have been self-employed
• paid enough National Insurance contributions, usually in the last 2 to 3 years - National Insurance credits also count

He has worked as an employee in the past but due to his health, not in the past 10 or 11years.
He has 5 full years of NI contributions, 4 partial years and 13 unpaid years. We are waiting on the government agency to facilitate us making these payments.
My question is that if we make the Voluntary Contributions (at least for the past 3 or 4 years), should this meet the eligibility requirement for ESA?
From my reading of the government website, I would think it does but I have heard it suggested by others that the NI contributions must specifically come through employment.
If that is the case, how do the long-term sick acquire NI credits and some support - especially those that have relied solely on family support for many years?

Thanks 

marcia_

 As far as I know some of the contributions must come  from employment. 

 He can however claim universe credit. Too late now but until recently he could have claimed ESA income based the whole 10 yrs he has been unfit for work. That would have given him credits. 

ConcernedParent56

marcia_ said:

 As far as I know some of the contributions must come  from employment. 

 He can however claim universe credit. Too late now but until recently he could have claimed ESA income based the whole 10 yrs he has been unfit for work. That would have given him credits. 

Thanks Marcia,
Unfortunately Universal Credit isn't an option as he has recently inherited from his Grandfather putting him above the savings limit.
Although unfit for work for years, we've only just had the reason diagnosed and so never tried claiming anything previously.

HillStreetBlues

As above, he won't be able to claim ESA,  but can claim both UC & PIP.
The fact he has a consultant for his ME/CFS is good news the bad news is expect a battle with the DWP as sadly the default DWP position is to refuse for ME/CFS.
If his doctor will sign hime off work, that's a start for UC and he will then have an assessment to see if he is able to work. Also there will be an assessment for PIP.
Is there a welfare rights/ CAB in your area? as the filling of forms are so very important and also understanding the criteria that needs to be met. 
 

Spoonie_Turtle

ConcernedParent56 said:

marcia_ said:

 As far as I know some of the contributions must come  from employment. 

 He can however claim universe credit. Too late now but until recently he could have claimed ESA income based the whole 10 yrs he has been unfit for work. That would have given him credits. 

Thanks Marcia,
Unfortunately Universal Credit isn't an option as he has recently inherited from his Grandfather putting him above the savings limit.
Although unfit for work for years, we've only just had the reason diagnosed and so never tried claiming anything previously.

Then he will have to claim ESA for the NI credits but not be entitled to any payments. 
It's been a while since this has come up but I believe it's 'claiming NI credits on the basis of limited capability for work'.  He will still have to provide a fit note and go through a Work Capability Assessment.

Just to be clear in case there's any confusion, the savings threshold for UC is £16,000 (some people think it's £6,000 but that's just the level where they take a small proportional deduction for savings).  As soon as his savings drop below 16k from having used them to live on, he can claim UC.

HillStreetBlues said:

The fact he has a consultant for his ME/CFS is good news the bad news is expect a battle with the DWP as sadly the default DWP position is to refuse for ME/CFS.

Not necessarily, although it certainly can be difficult if one is not so severely unwell that it's evident just from looking at them.  

With ME as the primary disabling condition it is possible to get appropriate outcomes without needing to fight; like any condition really and claiming benefits.  Prepare for the worst, know that the best is possible, and tentatively hope for somewhere in between.

(Unrelated: I'm impressed he has a consultant!  I didn't know those existed for ME.  Hopefully this also means he has guidance about pacing, not overexerting, using any and all relevant daily living and mobility aids, and not being told that exercise will make him better.)

Newcad

I believe that these days for an 'NI credits only' claim it has to be for NS JSA and not NS ESA.

It doesn't really make any difference, because it's NI credits only it isnt paying any money and you will not be expected to look for work.

(It's actually more complicated that that, NI credits are a HMRC concern and not really the DWP, but it's the DWP that you apply for them through).

huckster

 No, people do claim New Style ESA credits only in these circumstances. But they need to supply fit notes and ESA Service Service will run through a basic claimant commitment. And there will be a Work Capability Assessmemt to determine how long the credits only claim lasts for.

ConcernedParent56

Thanks everyone for your replies - sorry it's taken me a while to acknowledge you all.

So it does seem that ESA, a benefit that claims to be there to support the long-term sick (amongst other things) cannot be accessed by the long-term sick if they have taken years to reach a diagnosis and over all that time received support from the family rather than the state. If, unrealistically, we had applied when my son first had to stop working, he would have qualified. 
It really does seem that this ESA 'benefit' is not fit for purpose.

Thanks to those that have suggested Universal Credit but my son has too much in savings - and these will not reduce as I have always covered all his living expenses.
Applying through ESA for future NI credits seems to be a way forward but maybe we will probably hold off from this for a while.I think it might be possible for him to be regarded as self employed by becoming an eBay seller. I don't see that, given his condition, he could do enough to make a real living out of it but maybe over time, it would allow him to build some Class2 NI credits to put him back in the frame to fully apply for ESA..

In the meantime, PIP seems to be his best option of gaining some support - though I acknowledge it is not easy to get it.

Spoonie_Turtle

ConcernedParent56 said:

Thanks everyone for your replies - sorry it's taken me a while to acknowledge you all.
…
Applying through ESA for future NI credits seems to be a way forward but maybe we will probably hold off from this for a while.I think it might be possible for him to be regarded as self employed by becoming an eBay seller. I don't see that, given his condition, he could do enough to make a real living out of it but maybe over time, it would allow him to build some Class2 NI credits to put him back in the frame to fully apply for ESA..

In the meantime, PIP seems to be his best option of gaining some support - though I acknowledge it is not easy to get it.

I believe self-employment if below the income threshold can be permitted work under ESA and won't affect him accruing NI credits.
https://www.turn2us.org.uk/get-support/information-for-your-situation/employment-and-support-allowance-esa-permitted-work

Also would he be selling stuff he's bought or made specifically to sell, or is he selling old unwanted items?  The latter is not trading so wouldn't count.

Torry_Quine

ConcernedParent56 said:

Thanks everyone for your replies - sorry it's taken me a while to acknowledge you all.

So it does seem that ESA, a benefit that claims to be there to support the long-term sick (amongst other things) cannot be accessed by the long-term sick if they have taken years to reach a diagnosis and over all that time received support from the family rather than the state. If, unrealistically, we had applied when my son first had to stop working, he would have qualified. 
It really does seem that this ESA 'benefit' is not fit for purpose.

ESA could and should have been claimed when he was first unable to work.  Indeed it can be claimed before a diagnosis is reached. 

8dayweek

ConcernedParent56 said:

Thanks everyone for your replies - sorry it's taken me a while to acknowledge you all.

So it does seem that ESA, a benefit that claims to be there to support the long-term sick (amongst other things) cannot be accessed by the long-term sick if they have taken years to reach a diagnosis and over all that time received support from the family rather than the state. If, unrealistically, we had applied when my son first had to stop working, he would have qualified. 
It really does seem that this ESA 'benefit' is not fit for purpose.

Thanks to those that have suggested Universal Credit but my son has too much in savings - and these will not reduce as I have always covered all his living expenses.
Applying through ESA for future NI credits seems to be a way forward but maybe we will probably hold off from this for a while.I think it might be possible for him to be regarded as self employed by becoming an eBay seller. I don't see that, given his condition, he could do enough to make a real living out of it but maybe over time, it would allow him to build some Class2 NI credits to put him back in the frame to fully apply for ESA..

In the meantime, PIP seems to be his best option of gaining some support - though I acknowledge it is not easy to get it.

On this, just be aware the new style ESA will supposedly be replaced in the next few years by “Unemployment Insurance Benefit” - the specifics of which are currently unknown.