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  • FIRST POST
    • sheilavw
    • By sheilavw 2nd Mar 18, 6:40 AM
    • 997Posts
    • 704Thanks
    sheilavw
    Esa ?
    • #1
    • 2nd Mar 18, 6:40 AM
    Esa ? 2nd Mar 18 at 6:40 AM
    My Husband had hip replacement 23/1. He completed a Self certification form and then I dropped in a 6 week sick note the hospital gave him on the 29/1 (he was in 8 days due to complications). He is on a zero hour contract and works 2 days a week normally. We heard nothing and on the 28/2 when he would normally be paid he didnt get anything. He rang and they said we should have had a form through. As his average earning was 110 he couldnt get SSP. After spending much of the day yesterday he was told to go to Gov uk and fill a form in for Universal Credit? I work full time but he had to put it as a joint claim? it said at the end if entitled will receive a payment in 37 days?
    Is this a replacement for ESA? Confused?
Page 4
    • Alice Holt
    • By Alice Holt 13th Apr 18, 10:50 PM
    • 2,378 Posts
    • 2,760 Thanks
    Alice Holt
    2015 /16 incomplete. He paid nearly 900 in NI but not enough so not getting anything
    Originally posted by sheilavw
    Can you be clearer please.

    Go back to this:
    ""The contribution conditions
    You qualify for contributory Employment and Support Allowance (ESA) if you have paid sufficient National Insurance contributions. There are two contribution conditions you must meet:

    First contribution condition - in one of the last two complete tax years, you must have paid Class 1 or 2 contributions on relevant earnings at the lower earnings limit for at least 26 weeks. This means you must have worked for at least 26 weeks of the last two complete tax years; and
    Second contribution condition - in both of the last two complete tax years, you must have paid or been credited with, Class 1 or 2 contributions to the value of 50 times the lower earnings limit.
    The 2 tax years that are relevant are the ones that were completed before the benefit year in which your period of limited capability for work began.

    The tax year runs 6 April - 5th April
    The benefit year runs from the first Sunday in January.
    The lower earnings limit for the 2014/2015 tax year was 111 per week, for 2015/2016 it was 112 per week, for 2015/2017 it was 112 per week, "

    Please work through this, and tell us:
    Earnings in 2015/6 tax year in pounds and number of weeks of NI contributions: and
    Earmnings in 2016/7 tax year and number of weeks of NI contributions

    For 2015/6 50 times the LEL would be 5,600. Making NI contributions of 900 would imply earnings of around 16k or so.

    This is all becoming very odd. I suggest you get a copy of your husbands NI records & his P60 for the relevant tax years and tell us exactly what the numbers are.
    • sheilavw
    • By sheilavw 14th Apr 18, 7:38 AM
    • 997 Posts
    • 704 Thanks
    sheilavw
    Thanks for your help, I have sent you a message
    • sheilavw
    • By sheilavw 14th Apr 18, 9:22 AM
    • 997 Posts
    • 704 Thanks
    sheilavw
    hi 2015/16 is ok. he went part time mid jul 2016 and 2016/17 is incomplete. because he only worked 2 days on average he wasnt earning enough to pay NI. only paid 87.99 in the year . so does this mean low earners would never get opportunity to claim this?
    • Alice Holt
    • By Alice Holt 14th Apr 18, 9:51 AM
    • 2,378 Posts
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    Alice Holt
    What were his 2016/7 earnings from his P60?
    • sheilavw
    • By sheilavw 14th Apr 18, 10:19 AM
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    • 704 Thanks
    sheilavw
    hi it was 4634.98. apr 16 start of tax yr was off sick once ssp ran out he got about 4 wks esa. started this job 18/7/16. i think only 1 mth paid NI because didnt earn enough. it says you have contributions from paid employment 87.99 nat insur credits 4 wks. thanks
    • Alice Holt
    • By Alice Holt 14th Apr 18, 11:22 AM
    • 2,378 Posts
    • 2,760 Thanks
    Alice Holt
    hi it was 4634.98. apr 16 start of tax yr was off sick once ssp ran out he got about 4 wks esa. started this job 18/7/16. i think only 1 mth paid NI because didnt earn enough. it says you have contributions from paid employment 87.99 nat insur credits 4 wks. thanks
    Originally posted by sheilavw
    Unfortunately, he would need total earnings of 5,600 in the 2016/7 tax year to qualify for CB -ESA.
    Is the 4,634 taken from his P60's?
    • sheilavw
    • By sheilavw 14th Apr 18, 12:09 PM
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    sheilavw
    yes it is from his p60 . he started in jul and first pay in aug. in the apr may june he was on ssp/esa.
    I suppose its nothing then? The 41 years worked doesnt count

    Thanks for your help
    • poppy12345
    • By poppy12345 14th Apr 18, 12:38 PM
    • 3,150 Posts
    • 3,070 Thanks
    poppy12345
    yes it is from his p60 . he started in jul and first pay in aug. in the apr may june he was on ssp/esa.
    I suppose its nothing then? The 41 years worked doesnt count

    Thanks for your help
    Originally posted by sheilavw
    Unfortunately it's looking that way, as it's the previous 2 tax years that count and not those 41 years.

    Have you thought about PIP? It's not means tested. Here's a link to the PIP descriptors for you to take a look at. You need to score 8 points for an award of Standard rate and there's 2 parts, Daily living and Mobility.
    https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system

    Evidence would be needed to support a claim when you return those forms. It doesn't happen over night but certainly worth looking at.

    ETA as i didn't realise about the OP husbands hip replacement then PIP may not apply because of the 9 month rule.
    Last edited by poppy12345; 14-04-2018 at 1:45 PM.
    • pmlindyloo
    • By pmlindyloo 14th Apr 18, 12:51 PM
    • 11,734 Posts
    • 13,610 Thanks
    pmlindyloo
    Unfortunately it's looking that way, as it's the previous 2 tax years that count and not those 41 years.

    Have you thought about PIP? It's not means tested. Here's a link to the PIP descriptors for you to take a look at. You need to score 8 points for an award of Standard rate and there's 2 parts, Daily living and Mobility.
    https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system

    Evidence would be needed to support a claim when you return those forms. It doesn't happen over night but certainly worth looking at.
    Originally posted by poppy12345
    I suspect (and hope) that the hip replacement will do its job and he will be back to 'normal' in the near future.

    It is therefore probable that he would not meet the 9 months rule - needs to have the 'condition' for 9 months after applying.

    If there are complications (hope not) then PIP might be a possibility.
    • poppy12345
    • By poppy12345 14th Apr 18, 1:43 PM
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    poppy12345
    I suspect (and hope) that the hip replacement will do its job and he will be back to 'normal' in the near future.

    It is therefore probable that he would not meet the 9 months rule - needs to have the 'condition' for 9 months after applying.

    If there are complications (hope not) then PIP might be a possibility.
    Originally posted by pmlindyloo
    Thanks, i didn't know about the hip replacement. I will edit my post above.
    • xylophone
    • By xylophone 14th Apr 18, 3:59 PM
    • 26,119 Posts
    • 15,475 Thanks
    xylophone
    Have you both obtained new state pension statements to help with planning?

    https://www.gov.uk/check-state-pension
    • sheilavw
    • By sheilavw 16th Apr 18, 6:40 AM
    • 997 Posts
    • 704 Thanks
    sheilavw
    Thanks everyone. So anyone like him who only works a couple of days a week on minimum wage and gets for example 105 to 110 a week would never get anything? He's really struggled to work whilst waiting for this hip replacement. He's still unwell from being on life support after the op and has fluid on his left lung which is causing breathing difficulties, however he is going back to work. We have never had anything
    • poppy12345
    • By poppy12345 16th Apr 18, 6:50 AM
    • 3,150 Posts
    • 3,070 Thanks
    poppy12345
    Thanks everyone. So anyone like him who only works a couple of days a week on minimum wage and gets for example 105 to 110 a week would never get anything? He's really struggled to work whilst waiting for this hip replacement. He's still unwell from being on life support after the op and has fluid on his left lung which is causing breathing difficulties, however he is going back to work. We have never had anything
    Originally posted by sheilavw
    If someone hasn't paid enough NI contributions in the previous 2 tax years and they have a partner that works, then no they wouldn't be entitled to CB benefits. If they don't have a partner, or their partner doesn't work then could claim Income Related benefits.
    • sheilavw
    • By sheilavw 16th Apr 18, 7:10 AM
    • 997 Posts
    • 704 Thanks
    sheilavw
    If you earn 113 you can get SSP, if under you have to claim contributory ESA , but surely very few then would even get that because they wouldnt have enough earnings to qualify because they wouldnt have the 5.600 needed.
    Yes, they said because I work he wouldnt qualify
    Thanks for your help
    • poppy12345
    • By poppy12345 16th Apr 18, 7:17 AM
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    poppy12345
    Unfortunately, that's the rules to claiming CB benefits. No problem.
    • somuchindebt
    • By somuchindebt 16th Apr 18, 6:42 PM
    • 96 Posts
    • 60 Thanks
    somuchindebt
    Hello, forgive me asking question here, but it is related to subject of ESA, so I thought I'd try here.
    My husband has been refused the sick benefit, on the same grounds. He has not made enough contributions apparently. The lady at the other end of the phone, said that he can't make up the contributions now. But on different phoneline the advisor said, that if he was self employed, he can now pay class two national insurance contributions and will be entitled to the benefit. Please can you let me know which one is correct?
    Is there actually a value of contributions you need to have paid?
    Thank you
    • poppy12345
    • By poppy12345 16th Apr 18, 7:47 PM
    • 3,150 Posts
    • 3,070 Thanks
    poppy12345
    Hello, forgive me asking question here, but it is related to subject of ESA, so I thought I'd try here.
    My husband has been refused the sick benefit, on the same grounds. He has not made enough contributions apparently. The lady at the other end of the phone, said that he can't make up the contributions now. But on different phoneline the advisor said, that if he was self employed, he can now pay class two national insurance contributions and will be entitled to the benefit. Please can you let me know which one is correct?
    Is there actually a value of contributions you need to have paid?
    Thank you
    Originally posted by somuchindebt
    It would have been better if you had start your own thread rather than post a question on a long thread started by another poster. I'll answer your question now though.
    The contribution conditions
    You qualify for contributory Employment and Support Allowance (ESA) if you have paid sufficient National Insurance contributions. There are two contribution conditions you must meet:

    First contribution condition - in one of the last two complete tax years, you must have paid Class 1 or 2 contributions on relevant earnings at the lower earnings limit for at least 26 weeks. This means you must have worked for at least 26 weeks of the last two complete tax years; and
    Second contribution condition - in both of the last two complete tax years, you must have paid or been credited with, Class 1 or 2 contributions to the value of 50 times the lower earnings limit.
    The 2 tax years that are relevant are the ones that were completed before the benefit year in which your period of limited capability for work began.

    The tax year runs 6 April - 5th April
    The benefit year runs from the first Sunday in January.
    The lower earnings limit for the 2014/2015 tax year was 111 per week, for 2015/2016 it was 112 per week, for 2015/2017 it was 112 per week, "

    The Department for Work and Pensions (DWP) will treat any credits that are earned as a carer as actual National Insurance payments."

    Equivalent annual earnings to achieve the lower earnings limit for the 2014/2015 tax year was 111 times 52 = 5772, and for 2015/2016 it was 112 times 52 = 5824."
    (https://www.gov.uk/government/publications/rates-and-allowances-national-insurance-contributions/rates-and-allowances-national-insurance-contributions).
    • somuchindebt
    • By somuchindebt 16th Apr 18, 8:28 PM
    • 96 Posts
    • 60 Thanks
    somuchindebt
    Thank you and I am sorry, thought it would be ok to have all in one thread. I did see it, but does it actually give the value of the NI contributions that need to be made? And do you know if heaps class two national insurance contribution now, will this change their decision?
    • sheilavw
    • By sheilavw 18th Apr 18, 6:05 PM
    • 997 Posts
    • 704 Thanks
    sheilavw
    today we have received a letter from health assesment advisory service. a work capability questionaire. said if we dont complete by 17/5 will stop Esa or NI credits. although still very unwell , still breathless and weakness/ lack of strength/hands cramping hes goin back to work on phased return next wk, just a couple of mornings to start with. assume still needs to fill in the booklet ?
    • sheilavw
    • By sheilavw 19th Apr 18, 6:10 PM
    • 997 Posts
    • 704 Thanks
    sheilavw
    today had another letter. the reason refused because insufficient nat insur. jan to jul 16 on ssp/ then about 5 wks esa. now read we should have wrote to receive ni credits. can we appeal? thanks
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