NI Credits problem

1679111218

Comments

  • calcotti
    calcotti Posts: 15,696
    First Anniversary First Post Name Dropper
    Forumite
    edited 12 August 2018 at 3:39PM
    If you are in a full service UC area you can only apply for UC or 'new style' JSA (assuming you do not have an illness which limits your ability to work in which case you apply for 'new style' ESA).

    My sense of this thread is that there is confusion about whether a credits only claim is JSA or UC. The guidance seems to be to speak to the UC helpline and/or the JobCentre but I can see this has already been discussed extensively in this thread.

    If claiming UC pension and Carers Allowance would be treated as "unearned income" rather than "earnings". Whereas earnings are only deducted from a maximum UC award at 63% unearned income is deducted at 100%.

    As far as I can see The Social Security (Credits) Regulations 1975 have no provision for a credits only UC claim. There is provision for a credits only 'new style' JSA claim but if you are in remunerative work you do not meet the qualifying conditions referred to in the JobSeekers Act 1995.

    If you are successful establishing a credits only claim the DWP will almost certainly expect you to demonstrate you are looking for work to increase your hours - unless their is a health reason which limits this (in which case you should be applying for ESA rather than JSA).
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • xylophone
    xylophone Posts: 44,139
    Name Dropper First Anniversary First Post
    Forumite
    If you are successful establishing a credits only claim the DWP will almost certainly expect you to demonstrate you are looking for work to increase your hours - unless their is a health reason which limits this (in which case you should be applying for ESA rather than JSA).

    The OP says

    Well - I am 54 years old - suffer from multiple (major) issues - and have been medically retired from 2 jobs (livng on ill health pensions + DLA) in the last 9 years - so I hope that DWP are happy that this is a valid reason ?
    I have tried, myself to find full time/more work - but failed !!


    The OP could work full time but only in jobs which take full account of his multiple health problems?
  • calcotti
    calcotti Posts: 15,696
    First Anniversary First Post Name Dropper
    Forumite
    xylophone wrote: »
    The OP could work full time but only in jobs which take full account of his multiple health problems?

    Thanks. This thread is so long it!!!8217;s become easy to lose sight of the OP!!!8217;s situation!

    In this situation I think OPs best chance is to try a credits only !!!8216;new style!!!8217; ESA claim as the work he does appear to be within permitted works rules and he has health issues that limit his ability to work. Doubt it will be easy though.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • 50Twuncle
    50Twuncle Posts: 10,763
    Photogenic First Anniversary Name Dropper First Post
    Forumite
    That is what I thought too
    ESA would sound better for me - on permitted work even with no payments
    Especially if it doesn't involve my wife...
  • Alice_Holt
    Alice_Holt Posts: 5,921
    First Anniversary Name Dropper First Post
    Forumite
    edited 12 August 2018 at 5:45PM
    calcotti wrote: »
    Thanks. This thread is so long it!!!8217;s become easy to lose sight of the OP!!!8217;s situation!

    In this situation I think OPs best chance is to try a credits only !!!8216;new style!!!8217; ESA claim as the work he does appear to be within permitted works rules and he has health issues that limit his ability to work. Doubt it will be easy though.

    The difficultly with this is that the OP does not have the requisite NI contributions to make a new-style ESA claim (see his opening comments which he has repeated at intervals throughout the thread).
    I don't think UC will support a credits only Claim (and the OP's claim will be rejected because he has savings over £16k).

    The FoI link xylo supplied at post 7 which I reprised at post 60 and have quoted at post 75 would seem to be the best way forward for the OP.
    The Q posed fits the OP's situation, namely " Please could you provide the regulations and/or guidance that describe the process for making a "credits only" claim for Universal Credit, when someone in a Full service UC area doesn't meet the NI contributions conditions for new style ESA or JSA, but also has too much income/savings for Universal Credit."

    Unfortunately this thread seems to have gone round in circles - hence the confusion. It has now been running for 5 months.

    IMO, the OP should either try the route detailed by the DWP in the F of I link with the help of a sensible and astute family member, or purchase post 2016 NIC's before April 2019 (when the costs increases).
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • calcotti
    calcotti Posts: 15,696
    First Anniversary First Post Name Dropper
    Forumite
    edited 12 August 2018 at 6:55PM
    My thinking process went like this.
    Given what the OP has said about his health it appears that he could have limited capability for work. If he does then SOCIAL SECURITY (CREDITS) REGULATIONS 1975 give him the right to NI credits (regulation 8B).

    The question then is how to get the DWP to assess him. ESA seemed to make sense because claimed as an individual rather than a couple (as required for UC). However contrary to my earlier post you are probably right and he is not going to get past the starting post on new style ESA to get a WCA started.

    Fundamentally he is not trying to claim a benefit just trying to get recognition of his condition in order to get credits. That is why none of the normal claims processes seem to work. Contacting helpline or JobCentre does seem the right thing to do.

    Ludicrous that the DWP have no clear (and publicly announced) process for this - one might have hoped that the FOI request would have highlighted that they needed to give it some thought!

    I did not mean to draw myself into this because I can see it has gone round in circles over many months. It would be good to know what works though.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • Alice_Holt
    Alice_Holt Posts: 5,921
    First Anniversary Name Dropper First Post
    Forumite
    calcotti wrote: »
    Ludicrous that the DWP have no clear (and publicly announced) process for this - one might have hoped that the FOI request would have highlighted that they needed to give it some thought!

    Totally agree.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • 50Twuncle
    50Twuncle Posts: 10,763
    Photogenic First Anniversary Name Dropper First Post
    Forumite
    edited 13 August 2018 at 8:32AM
    calcotti wrote: »
    My thinking process went like this.
    Given what the OP has said about his health it appears that he could have limited capability for work. If he does then SOCIAL SECURITY (CREDITS) REGULATIONS 1975 give him the right to NI credits (regulation 8B).

    The question then is how to get the DWP to assess him. ESA seemed to make sense because claimed as an individual rather than a couple (as required for UC). However contrary to my earlier post you are probably right and he is not going to get past the starting post on new style ESA to get a WCA started.

    Fundamentally he is not trying to claim a benefit just trying to get recognition of his condition in order to get credits. That is why none of the normal claims processes seem to work. Contacting helpline or JobCentre does seem the right thing to do.

    Ludicrous that the DWP have no clear (and publicly announced) process for this - one might have hoped that the FOI request would have highlighted that they needed to give it some thought!

    I did not mean to draw myself into this because I can see it has gone round in circles over many months. It would be good to know what works though.

    Thank you - you have my problem down to a tee...
    I may just bring my MP in on it anyway.
    Does the fact that I am just after class 3 credits mean that (unlike class 1 credits) - I would not have to "sign on" weekly ?
  • 50Twuncle
    50Twuncle Posts: 10,763
    Photogenic First Anniversary Name Dropper First Post
    Forumite
    [FONT=&quot]UPDATE FROM MY DEA !![/FONT]
    [FONT=&quot]Don't know, however, whether this will really work ?
    [/FONT]

    [FONT=&quot]"In order to claim Universal Credit you can provide a fit note and this is to confirm that you can work, but only 10 hours per week, or whatever your GP considers, due to your health. This would mean that we can arrange a work capability assessment in time, so that you would no longer need to provide fit notes. Whilst providing fit notes or completing the work capability assessment and being found to have Limited Capability for work, you would be given class 3 credits which go towards your pension" [/FONT]
  • Alice_Holt
    Alice_Holt Posts: 5,921
    First Anniversary Name Dropper First Post
    Forumite
    50Twuncle wrote: »
    [FONT=&quot]UPDATE FROM MY DEA !![/FONT]
    [FONT=&quot]Don't know, however, whether this will really work ?
    [/FONT]

    [FONT=&quot]"In order to claim Universal Credit you can provide a fit note and this is to confirm that you can work, but only 10 hours per week, or whatever your GP considers, due to your health. This would mean that we can arrange a work capability assessment in time, so that you would no longer need to provide fit notes. Whilst providing fit notes or completing the work capability assessment and being found to have Limited Capability for work, you would be given class 3 credits which go towards your pension" [/FONT]

    I thought you said your savings exceeded £16k, as UC is a means tested benefit I doubt this will work for you.

    Have you made a claim for UC.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 342.5K Banking & Borrowing
  • 249.9K Reduce Debt & Boost Income
  • 449.4K Spending & Discounts
  • 234.6K Work, Benefits & Business
  • 607.1K Mortgages, Homes & Bills
  • 172.8K Life & Family
  • 247.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards