Can anyone help?

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JoCha
JoCha Posts: 42 Forumite
in Benefits & tax credits
Hi there, I'd love to get some advice if I can. I suffer from agoraphobia (I have left my house twice in the last six months) and severe anxiety and was previously on ESA until my partner moved in with me nearly three and a half years ago. As he had savings at that time, my ESA claim was reduced to zero and my housing benefit was stopped. That's okay - we knew already that that was the law and that it would happen when he moved in.

But - I still have my National Insurance paid by the DWP and about six months ago I started doing some online work ( wages and hours vary tremendously). I have, to date, sent two emails, three letters, one completed form and a print out of my weekly earnings to the DWP and asked if this is acceptable to them or if I should come of ESA altogether and pay my own NI. As of this week I have had only one generic reply telling me that I was eligible to do so many hours per week and they'd get back to me.

They haven't. I can't talk on the phone because of severe anxiety so now I am worrying if I've been wrongly getting NI contributions. Actually I probably haven't, given that both myself and my partner would probably be eligible for ESA/JSA/Housing Benefit at the moment as his savings are under sixteen K, but I don't know what to do.

It's taken quite a lot for me to reach out on here because last time I did I ended up being flamed by some vicious people. So, whilst I'd appreciate any help, I really do not appreciate nasty comments. Thanks.

Comments

  • sportsarb
    sportsarb Posts: 1,069 Forumite
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    https://www.entitledto.co.uk/help/Permitted-Work-Rules

    This is what the generic reply was alluding to, you can work up to certain limits while on ESA, and so long as you don't go over them and continue meeting the basic conditions of entitlement to claim ESA then your contributions will continue to be met.

    If you want to remain on ESA you will need to regularly advise them of your earnings but if you are only working a few hours here and there then there shouldn't be a problem. If you do 16 hours a week or more then that becomes an issue.

    Finally, although it might be true its usually a bad idea to mention that you have been flamed in the past, you will merely be told that you got fair advice etc. I know there are a number of extremely rude people in the benefits section but just do your best to ignore them where possible. The members that genuinely want to try and help usually outnumber them.
  • huckster
    huckster Posts: 4,837 Forumite
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    As has been said, if your net earnings will exceed the equivalent of 16 hours a week at the national minimum wage, then it would exceed the permitted work rule.

    Over a month how much net income do you earn from your self employment ?
    The comments I post are personal opinion. Always refer to official information sources before relying on internet forums. If you have a problem with any organisation, enter into their official complaints process at the earliest opportunity, as sometimes complaints have to be started within a certain time frame.
  • calcotti
    calcotti Posts: 15,696 Forumite
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    edited 13 April 2019 at 11:07AM
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    OP you are not actually on ESA at the moment. You are receiving NI credits because you have limited capacity for work. As others have said you can do permitted work without affecting your work status so that's fine.

    If you and your partner want to claim means tested benefits you can try contacting ESA to reactivate your claim by ringing 0800 169 0310. I think you will be told you cannot do this but it's worth a try.

    If you cannot reactivate the ESA claim you will have to both apply for Universal Credit.

    In either case your entitlement will be based on your joint income and savings. You can use a benefits calculator to see what you might be entitled to https://www.entitledto.co.uk

    If you did apply for UC your existing LCW or LCWRA status should be accepted without a new Work Capability Assessment.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • JoCha
    JoCha Posts: 42 Forumite
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    Thanks I really appreciate the help. It's hard to work out how much I earn in a month because it varies so much - some months it could be in four figures (I am only paid in Amazon vouchers though - yes, it's Mechanical Turk :)). Other times I might be lucky to scrape a couple of hundred. I've sent the DWP print outs of my earnings but they have never got back to me about them :(
  • calcotti
    calcotti Posts: 15,696 Forumite
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    If you were to claim UCthis is calculated on a monthly basis and your UC entitlement would adjust with your earnings on a monthly basis.

    There is no reason for the DWP to contact you about your earnings as you are not claiming a benefit. If your earnings do fluctuate you would not be able to claim ESA if it was allowed because it sounds as if you would exceed the permitted work rules. There are no earnings limits for UC - just a reduction in benefit as earnings rise.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • JoCha
    JoCha Posts: 42 Forumite
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    I've been worried about the NI credits though - should I not perhaps be paying those myself? (Thanks for your reply!)
  • calcotti
    calcotti Posts: 15,696 Forumite
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    JoCha wrote: »
    I've been worried about the NI credits though - should I not perhaps be paying those myself? (Thanks for your reply!)

    NI contributions are not dealt with by DWP. They are the responsibility of HMRC. I have no idea how payment in Amazon vouchers is treated for NI purposes or tax purposes.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • JoCha
    JoCha Posts: 42 Forumite
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    Ah right I did not realise that! I have been talking to the wrong people then. I'd be prepared to pay my NI myself but I just don't want to get in trouble for claiming it if I am not meant to be.
  • calcotti
    calcotti Posts: 15,696 Forumite
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    JoCha wrote: »
    Ah right I did not realise that! I have been talking to the wrong people then. I'd be prepared to pay my NI myself but I just don't want to get in trouble for claiming it if I am not meant to be.

    Confusing because claims for NI credits on account of LCW are dealt with by DWP.

    I suggest contacting HMRC and asking them what, if anything, you should be doing to record your ‘earnings’. I suspect it will be a form of self employment but I really don’t know.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • JoCha
    JoCha Posts: 42 Forumite
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    I will do - am just looking on their website now. Thanks very much for your assistance!
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