Do we qualify for ESA ?

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I'm trying to get my head around the ESA NI rules, my partner has been ill the past few years and has had to give up work and is now on the higher rate for both elements of PIP. We never considered applying for ESA as we thought it was an income based benefit (I'm working so would not qualify if it was).

Now we are worried we have left it to late and his NI record is to far in the past, however we were reading this.

"you’ve paid at least 26 weeks class 1 or class 2 National Insurance (NI) contributions in one of the last 2 complete tax years and have been paid or credited with NI contributions for at least 50 weeks in each of the last 2 complete tax years. The 2 tax years must be the ones that were completed before the benefit year in which your period of limited capability for work began. The benefit year runs from the first Sunday in January. The tax year runs from 6 April to 5 April. You can check your national insurance record online or call HMRC's helpline on 0300 200 3500 if you’re not sure."

His NI record is as follows.

Current tax year=£0
17-18=Partial (Below LEL)
16-17=Full
15-16=Full

Now on reading the above advice from the CAB it says "The 2 tax years must be the ones that were completed before the benefit year in which your period of limited capability for work began."

Am I reading this correctly that the current benefit year started in Jan 18 and thus the tax year 17-18 is ignored (as it ran to April) and the rules about the two tax years relate to the tax years "15-16" & "16-17"

Comments

  • wakeupalarm
    wakeupalarm Posts: 1,102 Forumite
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    Yes, you are reading it correctly. If you apply now they will use the tax years 15/16 and 16/17.
  • Disabled_Carer
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    Thanks, just seems strange though, that they use the years 15-17, and more recent history is ignored?
  • calcotti
    calcotti Posts: 15,696 Forumite
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    Thanks, just seems strange though, that they use the years 15-17, and more recent history is ignored?

    It's to do with logistics because the tax years and benefits years are different. Obviously for anybody claiming in January to March 2018 the 2017/2018 tax year would not have been complete to be used for assessment. Even after March it takes time for the Ni record to be updated particularly for the self employed.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • calcotti
    calcotti Posts: 15,696 Forumite
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    You need to check whether you are in a Universal Credit area https://ucpostcode.entitledto.co.uk/ucdate


    If you are your partner will have to claim 'new style' ESA. If not it will be the old type of ESA. https://www.gov.uk/employment-support-allowance/types-of-esa


    He will need a Fit Note from his GP in order to claim. If his GP is willing to backdate the Fit Note he can ask for the ESA claim to be backdated by up to 3 months.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • Disabled_Carer
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    Yes, you are reading it correctly. If you apply now they will use the tax years 15/16 and 16/17.

    Just to confirm, for anyone reading this in future. This advice was correct and we are now receiving ESA.
  • TELLIT01
    TELLIT01 Posts: 16,485 Forumite
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    Just to confirm, for anyone reading this in future. This advice was correct and we are now receiving ESA.


    It was correct at the time but the relevant tax years changed at the beginning of January 2019. The years used now are 2016/7 and 2017/8 for a claim with a start date in anything after the first couple of days of 2019.
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