NI Credits problem

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50Twuncle
50Twuncle Posts: 10,763 Forumite
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in Benefits & tax credits
I am missing out on 8 years NI contributions and have discovered that I may be entitled to claim them from DWP....
I am 54 years old

I am receiving a small Ill Health Pension from former employer.

I am disabled and working 10 hours a week (so not entitled to Tax Credits) - yet due to my payrate, I am earning under the NI rate !!

I have savings - so not entitled to ESA (in any case - have no recent NI credits for contribution based)

I see https://www.gov.uk/national-insurance-credits/eligibility says "You're not on Employment and Support Allowance but you satisfy the conditions for it"

But selecting conditions - does not tell me what the specific conditions are.....
Anyone offer me any help ??

Thanks
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  • pmlindyloo
    pmlindyloo Posts: 13,049 Forumite
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    50Twuncle wrote: »
    I am missing out on 8 years NI contributions and have discovered that I may be entitled to claim them from DWP....
    I am 54 years old

    I am receiving a small Ill Health Pension from former employer.

    I am disabled and working 10 hours a week (so not entitled to Tax Credits) - yet due to my payrate, I am earning under the NI rate !!

    I have savings - so not entitled to ESA (in any case - have no recent NI credits for contribution based)

    I see https://www.gov.uk/national-insurance-credits/eligibility says "You're not on Employment and Support Allowance but you satisfy the conditions for it"

    But selecting conditions - does not tell me what the specific conditions are.....
    Anyone offer me any help ??

    Thanks

    I am not entirely sure about this so would suggest that you telephone Job Centre Plus to find out.

    I think that you can apply for ESA and as long as you are found not fit for work (i.e have a WCA) and attend all the required interviews but do not receive payment on income grounds then you would receive NI credits.(exactly as if you were being paid)

    This seems to be backed up by this article

    http://www.thisismoney.co.uk/money/pensions/article-3725546/I-m-ill-NI-credits-state-pension-Steve-Webb-replies.html

    However, can't find anything 'official' about this. It may be that you only receive NI credits when you have been on ESA and payment then stops because of increased income/capital/or you were in WRAG and it ended after a year.

    So you need to check with Job Centre Plus. If the call centre bod doesn't know the answer then ask fro a call back from a supervisor.

    If you can't claim NI credits through the DWP then you can pay voluntary class 3 contributions.

    PS If you can make an ESA claim then you can ask to do your 10 hrs a week as permitted work.
  • 50Twuncle
    50Twuncle Posts: 10,763 Forumite
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    Robbydabanca wrote: »
    Hi. Do you definitely need the missing 8 years? Its just I checked my personal tax account a few minutes ago. I am 44 years old. It says I have 28 years of full contributions and that I have 23 years to contribute before 5 April 2040 (the year I can claim my retirement pension) But I only need to contribute another 8 years to get my full state pension.

    Sorry I can't answer your question on entitlement but thought I would mention that having gaps in your contribution record doesn't mean you lose out of your full state pension.

    Someone else will be along soon.
    Yes - I do have 32 years of "contracted out" contributions - with another 8 needed for max benefits !
  • 50Twuncle
    50Twuncle Posts: 10,763 Forumite
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    pmlindyloo wrote: »
    I am not entirely sure about this so would suggest that you telephone Job Centre Plus to find out.

    I think that you can apply for ESA and as long as you are found not fit for work (i.e have a WCA) and attend all the required interviews but do not receive payment on income grounds then you would receive NI credits.(exactly as if you were being paid)

    This seems to be backed up by this article

    http://www.thisismoney.co.uk/money/pensions/article-3725546/I-m-ill-NI-credits-state-pension-Steve-Webb-replies.html

    However, can't find anything 'official' about this. It may be that you only receive NI credits when you have been on ESA and payment then stops because of increased income/capital/or you were in WRAG and it ended after a year.

    So you need to check with Job Centre Plus. If the call centre bod doesn't know the answer then ask fro a call back from a supervisor.

    If you can't claim NI credits through the DWP then you can pay voluntary class 3 contributions.

    PS If you can make an ESA claim then you can ask to do your 10 hrs a week as permitted work.

    Thanks - yes that had crossed my mind - but I have savings ad a (small) ill health pension that preclude me from claiming INCOME RELATED ESA - I have no recent NI contributions, so that's CONTRIBUTARY ESA out and don't earn enough for UC based
    So it appears that I don't fit in however I try to claim
  • 50Twuncle
    50Twuncle Posts: 10,763 Forumite
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    Robbydabanca wrote: »
    Ah okay. It is telling me I will receive a £26.55 per week reduction as I have been contracted out at some point too. A bit frustrating! Hope you get it sorted. :)

    Thanks - the Thisismoney article above is extremely useful
    It looks as if I can put in a claim for a "credit only NI" award claim
    But the Jobcentre is unaware that these even exist
    Whoopy doo - what fun ?
  • Silvertabby
    Silvertabby Posts: 9,024 Forumite
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    Robbydabanca wrote: »
    Ah okay. It is telling me I will receive a £26.55 per week reduction as I have been contracted out at some point too. A bit frustrating! Hope you get it sorted. :)

    No reduction - the £26.55 COPE is, very roughly, DWP's estimate of how much additional pension you would have received under SERPS/SP2 if you hadn't been contracted out, and therefore paid reduced NI contributions.

    Under the transitional rules, you will receive at least the pension you would have received under the old rules, and may even get a bit more if you have scope to work/pay NI post 2016.
  • xylophone
    xylophone Posts: 44,427 Forumite
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    https://www.whatdotheyknow.com/request/407534/response/992525/attach/2/FOI%202158%20reply.pdf?cookie_passthrough=1

    Does the above throw any light?
  • 50Twuncle
    50Twuncle Posts: 10,763 Forumite
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    Time for an update :
    I was advised by the JCP on line contact (local ?) to apply on line for JOB SEEKERS - Which I have done - and despite having savings if over £8k and a part time job and ill health pension - combined income of around £13k - apparently I am entitled to claim JS - I DO NOT WANT TO CLAIM JS - Just NI Credits !!

    I received a txt - "inviting" me to a job centre interview next Thursday - and told to bring my CV amongst other things
  • pmlindyloo
    pmlindyloo Posts: 13,049 Forumite
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    Some possibilities..

    Are you on DLA/PIP? If so which components? Are you single
    /partner? If you have a partner do they work?

    If you are single, live alone and receive the mid rate/high rate care of DLA or PIP - daily living (standard or enhanced) then you would have premiums added onto your JSA which could mean you are still eligible.

    Also your ill health pension may not be counted as income depending on what kind it is (will need to search for the legislation)

    In any case, you need to wait until you get your JSA award letter to see how it has been worked out or you could try a benefits calculator to check (there may be difficulty with the ill health pension giving the correct amount.)

    Having said all that if you claim an NI credits only award you will be expected to adhere to the conditions of JSA although they should use a 'light touch'.

    Would your doctor give you a 'fit note'? They have suggested JSA I think because you are already working but you could apply for ESA and do your work as permitted work.

    Try the benefits calculator and see what it says first.

    I will try and find the legislation about ill health pensions.
  • 50Twuncle
    50Twuncle Posts: 10,763 Forumite
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    edited 24 March 2018 at 1:38PM
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    pmlindyloo wrote: »
    Some possibilities..

    Are you on DLA/PIP? If so which components? Are you single
    /partner? If you have a partner do they work?

    If you are single, live alone and receive the mid rate/high rate care of DLA or PIP - daily living (standard or enhanced) then you would have premiums added onto your JSA which could mean you are still eligible.

    Also your ill health pension may not be counted as income depending on what kind it is (will need to search for the legislation)

    In any case, you need to wait until you get your JSA award letter to see how it has been worked out or you could try a benefits calculator to check (there may be difficulty with the ill health pension giving the correct amount.)

    Having said all that if you claim an NI credits only award you will be expected to adhere to the conditions of JSA although they should use a 'light touch'.

    Would your doctor give you a 'fit note'? They have suggested JSA I think because you are already working but you could apply for ESA and do your work as permitted work.

    Try the benefits calculator and see what it says first.

    I will try and find the legislation about ill health pensions.
    Benefit calculators do not work in my case !
    Married - partner on Carers Allowance
    my ill health pension is a Civil Service one
    I have not paid any NI credits for 8 years - so contributory JS/ESA is out !
    I am on medium care DLA
    thanks
  • 50Twuncle
    50Twuncle Posts: 10,763 Forumite
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    I wrote to DWP almost three weeks ago to get (in writing) exactly how I stand - if I pay, almost £5k in contributions to make up my missing years - guess what ?
    No reply !
    http://www.dailymail.co.uk/money/pensions/article-5600541/Officials-admit-say-state-pension-work.html worries me somewhat.....
    Any sign of the legislation re Ill Health Pensions - pmlindyloo ?
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