Question about ESA and NI credits

NorfolkBroad · 23 April 2018 at 9:12AM

Hi,

I had to take early retirement in 2008 after becoming unable to work following an accident that left me disabled. I was awarded DLA indefinitely at that time and my husband was getting Carers Allowance and Income Support as a result.
He left me a year ago so I had to claim ESA. As I'm receiving an occupational pension I don't receive any payments just NI credits. I already had 34 full years of NI contributions but wasn't given any NI credits after my son turned 12 in 2010 despite me being unable to work due to ill health. I queried this with HMRC and they said as my husband was getting Carers Credits I wasn't eligible.

My WCA has been postponed 5 times so far and it is not helping my anxiety and depression. If I withdraw my claim now before the latest WCA appointment they have sent me would I lose the NI credits I have accrued since I started claiming ESA? I have been covered by sick notes from my doctor from the start of my claim up until the end of June this year.

As I only needed one more year of NI credits to qualify for my full state pension I'm trying to weigh up whether it's worth the stress of continuing to claim and having to go through WCA process or not which obviously depends on whether I would be able to keep the extra year's worth of NI credits I've accrued whilst on ESA.

Would really appreciate some advice thanks.

pmlindyloo · 23 April 2018 at 10:06AM

Any NI credits accrued during a claim for ESA would not be lost if you closed the claim.

To check you would be entitled to a full state pension use this link:

https://www.yourpension.gov.uk/?utm_source=bing&utm_medium=cpc&utm_campaign=1356%20%7C%20State%20Pension&utm_content=State%20Pension%20-%20Forecast&utm_term=state%20pension%20forecast&gclid=CNCO_peE0NoCFROWGQodwY8PaQ&gclsrc=ds

Are you sure that you would not be entitled to any ESA if you were placed in the Support Group?

What components of DLA are you on?

How much is your pension?

You can use a benefits calculator to see if you were awarded the Support Group whether you would be entitled to any ESA.

https://www.turn2us.org.uk

Do you live alone? Anyone claim Carer's Allowance for you?

p00hsticks · 23 April 2018 at 10:09AM

NorfolkBroad wrote: »

As I only needed one more year of NI credits to qualify for my full state pension I'm trying to weigh up whether it's worth the stress of continuing to claim and having to go through WCA process or not which obviously depends on whether I would be able to keep the extra year's worth of NI credits I've accrued whilst on ESA.

I'm sorry, I can't definitiively answer on the ESA question (although if you are worried about them taking away previously earned credits if you stop claiming I can;t imagine that they would do so). However I'm posting just to make sure that you have got a personalised state pension statement and aren't simply relying on the '35 years gets a full state pension', as this isn't necessarily true for those of us with years creditted under the old pension system.

https://www.gov.uk/check-state-pension

NorfolkBroad · 23 April 2018 at 11:14AM

Hi

My pension is too high at £151 a week to get Income based ESA and I didn't have any NI contributions in the 2 years prior to starting to claim as I wasn't working because I'd had to retire early so I don't qualify for Contributions based ESA either. They wouldn't take any housing costs into account even though I'm paying my joint mortgage on my own leaving me with about £70 a week for everything else. I've also lost most of my Council Tax Support.

I get Higher Rate Mobility Component and Middle Rate Care Component of DLA at the moment but of course am dreading the brown envelope asking me to switch to PIP because I live in a place with no public transport so if I lose my Motability car I will be left housebound.

My son gets Carers Allowance for me now (he lives with me) and Income Support.

I did a pension forecast and I will lose some because part of my pension was contracted out of SERPS but it's based on my current 34 years as the last tax year hasn't been added yet.

pmlindyloo · 23 April 2018 at 1:10PM

NorfolkBroad wrote: »

Hi

My pension is too high at £151 a week to get Income based ESA and I didn't have any NI contributions in the 2 years prior to starting to claim as I wasn't working because I'd had to retire early so I don't qualify for Contributions based ESA either. They wouldn't take any housing costs into account even though I'm paying my joint mortgage on my own leaving me with about £70 a week for everything else. I've also lost most of my Council Tax Support.

I get Higher Rate Mobility Component and Middle Rate Care Component of DLA at the moment but of course am dreading the brown envelope asking me to switch to PIP because I live in a place with no public transport so if I lose my Motability car I will be left housebound.

My son gets Carers Allowance for me now (he lives with me) and Income Support.

I did a pension forecast and I will lose some because part of my pension was contracted out of SERPS but it's based on my current 34 years as the last tax year hasn't been added yet.

Just my thoughts................

Since you are so close to having your WCA I think it may be worth attending.

Do you expect to get into the Support group? Did you have help with completing the form?

The reason I think it might be worth attending and not closing your claim is that things may change in the future.

For instance, your son might 'fly the nest'. If no one claimed Carer's Allowance for you, you lived on your own, you were put in the support group and you continued to get mid care DLA or standard living PIP then you would be entitled to the Severe Disability Premium and the Enhanced Disability Premium.

If I have done my sums right then you would be entitled to a very small amount of ESA which would make you eligible for Support for Mortgage Interest (why isn't your ex paying his share of the mortgage?)

Continuing with the ESA claim at least gives you some options and
you could leave making the decision until later.

If you live in an isolated place perhaps you ought to consider downsizing?

Just throwing out ideas really. Your decision obviously. Perhaps you can tell I like options and planning for the future. I find it less stressful if I have all options covered!

p00hsticks · 23 April 2018 at 2:48PM

NorfolkBroad wrote: »

I did a pension forecast and I will lose some because part of my pension was contracted out of SERPS but it's based on my current 34 years as the last tax year hasn't been added yet.

So are you aware that you maybe able to make up that bit lost between now and when you reach retirement age by further years of NI credits ?

Any NI years creditted between now and the tax year prior to your state pension age will increase your state pension by around £4.50 a week until you reach the maximim amount (currently £164.35)

NorfolkBroad · 23 April 2018 at 8:17PM

I didn't realise you could cover the contracted out part as I thought that was paid as part of my occupational pension so would be deducted from my State Pension whatever the circumstances

Alice_Holt · 23 April 2018 at 9:04PM

Just wondering if the accident was work-related?

Industrial Injuries Disablement Benefit?
https://www.gov.uk/industrial-injuries-disablement-benefit

NorfolkBroad · 23 April 2018 at 10:42PM

No I slipped over in my kitchen and injured my spine unfortunately

NorfolkBroad · 24 May 2018 at 7:01AM

Just a little update - I followed the advice and went for my WCA just over 3 weeks ago. The assessor was lovely so my fears about going were unjustified (having read about some awful experiences during WCAs I was bricking it!) I haven't had a letter with the result yet but when I checked my bank account this morning I've actually received an ESA payment that I wasn't expecting as they initially said my pension was too much to qualify for anything except NI credits but I gather I might qualify for enhanced or severe disability premium as I am receiving DLA. Thanks everyone

poppy12345 · 24 May 2018 at 7:28AM

NorfolkBroad wrote: »

Hi

My pension is too high at £151 a week

My son gets Carers Allowance for me now (he lives with me) and Income Support.

For this very reason you wouldn't be entitled to SDP, as it's not payable if someone claims Carers Allowance for looking after you. As he also lives with you, you wouldn't qualify if he didn't claim CA for you, unless he claims a qualifying benefit too. Your pension being £151 per week is too high for Income Related ESA too. The premiums are Income related.

I'd ring them to ask what the payment is for, otherwise you could end up with an over payment.

Question about ESA and NI credits

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