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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Contribution Conditions for CBESA

AlexJ
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Trafford Welfare Rights

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Joined: 4 July 2016

Hello

I have a client who hasn’t worked for many years, however she has been claiming carer’s allowance for several years (around 5).

Will the CA contributions be sufficient for her to qualify for CBESA? She did work full-time back in the mists of time, which may be of relevance. My brain is a little scrambled on this one.

Thanks

Alex

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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CPAG P.961 states that CA credits “can help you meet the contribution conditions for all contributory benefits, except bereavement payment.” Don’t know why it says “can help” rather than something more definite, maybe because it depends on the length of time they are credited for?

Also this http://www.rightsnet.org.uk/forums/viewthread/5297/ which is quite old but discusses the same issue.

paulmoorhouse
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Central and South Sussex CAB

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There are two conditions you have to satisfy and CA credits,  WILL satisfy the second condition, that you have paid OR BEEN CREDITTED with 50 x the lower earnings limit in each of last two years. BUT NOT the first condition which is that you must also have ACTUALLY PAID contributions on 25 x the LEL in at least one of the last three years. Hence the ‘can help’ and unfortunately you client doesn’t seem to qualify.

 

Jon (CANY)
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Welfare benefits - Craven CAB, North Yorkshire

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Paying NI in one of the prior 3 years is the general rule, but as per the previous thread: if receiving CA in the tax year prior to claiming ESA, then ANY previous year with sufficient NI contributions can be relied upon to satisy the first contribution condition.

See ESA reg 9(1) and (2)(a):
http://www.legislation.gov.uk/uksi/2013/379/regulation/9/made

AlexJ’s client should make a claim (not much to lose, is there?)

paulmoorhouse
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Central and South Sussex CAB

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Indeed, I stand corrected, my posting was made without clicking on the previous thread! Thanks for pointing out the omission Jon.

stevenmcavoy
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Welfare rights officer - Enable Scotland

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Jon (CHDCA) - 16 March 2017 11:14 PM

Paying NI in one of the prior 3 years is the general rule, but as per the previous thread: if receiving CA in the tax year prior to claiming ESA, then ANY previous year with sufficient NI contributions can be relied upon to satisy the first contribution condition.

See ESA reg 9(1) and (2)(a):
http://www.legislation.gov.uk/uksi/2013/379/regulation/9/made

AlexJ’s client should make a claim (not much to lose, is there?)

that’s what I was thinking.

I also think (though might be wrong) a previous year cant be one you used before in a claim?