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carer now esa
numan43
Posts: 13 Forumite
Hello
I have been caring for my mother for the last five years and claiming carers allowance. My mum passed away 4 weeks ago and as I was disabled myself and ill I tried to claim contribution based Esa but was turned down as they say I dont have enough contributions in 2015/16 and said I need to have worked for 26 weeks that year.
I thought when claiming ca that my ni contributions would have been paid.
Am I missing something here, i just dont get it
thanks for reading
rob
I have been caring for my mother for the last five years and claiming carers allowance. My mum passed away 4 weeks ago and as I was disabled myself and ill I tried to claim contribution based Esa but was turned down as they say I dont have enough contributions in 2015/16 and said I need to have worked for 26 weeks that year.
I thought when claiming ca that my ni contributions would have been paid.
Am I missing something here, i just dont get it
thanks for reading
rob
0
Comments
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http://www.entitledto.co.uk/help/employment-and-support-allowance-contribution-based
You've failed on the first "relevant earnings....This means you must have worked for at least 26 weeks of the last two complete tax years" condition.
Are you eligible for income-based ESA (or UC)?Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.0 -
I'm sure you get credited with class 1 contributions
So you do.
https://www.gov.uk/national-insurance-credits/eligibility0 -
It's a common misconception, sometimes also stated by CAB, that receipt of NI credits is enough to qualify for Contribution based ESA. It is not. As others have explained, NI contributions must have been PAID, not CREDITED to count towards ESA Conts entitlement.0
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Wife works so no income based esa... what about
Relaxation of the first contribution condition
do I fit into anything there
last 5 years care previous 36 years full time employment with no gaps.
thank you all anyway for the info even if it was disappointing x0 -
It's a common misconception, sometimes also stated by CAB, that receipt of NI credits is enough to qualify for Contribution based ESA. It is not. As others have explained, NI contributions must have been PAID, not CREDITED to count towards ESA Conts entitlement.
There are two conditions - for the first condition they have to be paid, but for the second condition it is paid or credited.
As the OP has pointed out there is also a relaxation to the first condition for carers under Reg 8 ESA regs http://www.legislation.gov.uk/uksi/2008/794/pdfs/uksi_20080794_300617_en.pdf
So if the OP meets the conditions for the relaxation they may still be able to get it because their credits will count towards condition 2.
(Just to say this isn't an area I know a huge amount about but have seen it crop up before)
IQ0 -
Numan43,
You will qualify for ESA Conts, I can almost guarantee it...
I am going to write a post now for you, make sure you stick around to read it or come back soon...
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Ah, I see you have already been doing your reasearch, your post no. 7 says what I am about to say...
Anyway, this is how it is...
You have been claiming CA for 5 years, and it is still in payment now, because you will have an 8 week run on of CA from the date of death of your mother (my condolences). ESA C and CA are incompatible. ESA C for a person of 25 is £73.10 per week. CA is 62.70 a week. Assuming therfore you qualify for ESA C, you should find youself either getting:
ESA C £0.40 per week and the remaining CA at £62.70 per week, (not correct procedure), or
ESA C £73.10 per week and CA at £0.00 for the remainder of the 8 weeks. (this would be correct procedure)
But with the time taken to process and pay your ESA C, you will have continued to get CA payments, and therefore they will probably go with the first option.
OK so I guess you have your reasons for not being entitled to ESA IR.
OK so ESA Conts - Relaxation of the First Contribution Condition (FCC):
There are second Contribution Condition (SCC) and FCC.
Your claim made now in August 2017 would normally use tax years
2014/2015 & 2015/2016
Within these tax years (called RITYs) you have to satisfy FCC and SCC
One way to satisfy SCC is by credits of NI provided by Carers Allowance. You definately will satisfy SCC.
FCC is only ever satisfied by earnings and usually from those 2 RITYs above, i.e. the most recent RITYs to the year in which the claim is made from.
FCC can be relaxed to include any RITY in your whole working lifetime, if you claimed Carer's Allowance or had an Underlying entitlement to Carer's Allowance in the most recent RITY to the year in which you have claimed contributory benefit. i.e 2015/2016
You did claim CA in 2015/2016 therefore the FCC can be relaxed for you.
So this means, if in any single tax year in your whole life, you had earnings for 26 weeks which were at or above the Lower Earnings Threshold (LEL) for that tax year.... You will qualify for ESA C.
What you have to do now....
Phone ESA and ask them to send a HOTT to the Benefit Centre, reminding them that you have already satisfied SCC, by virtue of your CA claim. And reminding them they should relax FCC, and asking them to relax FCC and make the relevant checks....
regards...0 -
Thank you for such a detailed reply epitome, I just hope I can put this over to dwp as well as you have laid it out.Ah, I see you have already been doing your reasearch, your post no. 7 says what I am about to say...
Anyway, this is how it is...
You have been claiming CA for 5 years, and it is still in payment now, because you will have an 8 week run on of CA from the date of death of your mother (my condolences). ESA C and CA are incompatible. ESA C for a person of 25 is £73.10 per week. CA is 62.70 a week. Assuming therfore you qualify for ESA C, you should find youself either getting:
ESA C £0.40 per week and the remaining CA at £62.70 per week, (not correct procedure), or
ESA C £73.10 per week and CA at £0.00 for the remainder of the 8 weeks. (this would be correct procedure)
But with the time taken to process and pay your ESA C, you will have continued to get CA payments, and therefore they will probably go with the first option.
OK so I guess you have your reasons for not being entitled to ESA IR.
OK so ESA Conts - Relaxation of the First Contribution Condition (FCC):
There are second Contribution Condition (SCC) and FCC.
Your claim made now in August 2017 would normally use tax years
2014/2015 & 2015/2016
Within these tax years (called RITYs) you have to satisfy FCC and SCC
One way to satisfy SCC is by credits of NI provided by Carers Allowance. You definately will satisfy SCC.
FCC is only ever satisfied by earnings and usually from those 2 RITYs above, i.e. the most recent RITYs to the year in which the claim is made from.
FCC can be relaxed to include any RITY in your whole working lifetime, if you claimed Carer's Allowance or had an Underlying entitlement to Carer's Allowance in the most recent RITY to the year in which you have claimed contributory benefit. i.e 2015/2016
You did claim CA in 2015/2016 therefore the FCC can be relaxed for you.
So this means, if in any single tax year in your whole life, you had earnings for 26 weeks which were at or above the Lower Earnings Threshold (LEL) for that tax year.... You will qualify for ESA C.
What you have to do now....
Phone ESA and ask them to send a HOTT to the Benefit Centre, reminding them that you have already satisfied SCC, by virtue of your CA claim. And reminding them they should relax FCC, and asking them to relax FCC and make the relevant checks....
regards...0
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