I have a client who has been on long term sick for 8 months. She had basic sick pay for the first 28 weeks. Now it seems she has to live on fresh air, through no fault of her own. She has been informed that she is not entitled to incapacity benefit as an ex employer who has now emigrated promised he was paying her full stamp, but didn't for the last few months of employment before he emigrated. They say even if she could afford to pay them, it won't alter her case only her pension. My client is not entitled to income support as her husband works full time approx (£240 weekly). She is not entitled to tax credit as her husband recieves too much. Currently she has been refused DLA although her doctor sent a letter saying she felt sure she should be entitled to it, due to the severity of her illness. If anyone has any other routes that can be explored please let me know, many thanks.

If she was having tax/NI deducted through PAYE and the ex-employer was apparently deducting the NI from her wages then she can be treated as having paid the contributions. Payslips, P60s etc. that show the NI as deducted are strong evidence of this. Provided she didn't collude with the employer in not paying the money over to Inland Revenue she should be able to benefit from the contributions even though they have nopt actually been paid.

I'm not sure of the process, but I think that initially you just need to provide proof that she was having the NI deducted and ask the DWP/Revenue to look into it. See page 821 of the CPAG handbook.

There is a leaflet on the inland revenue site which states that entitlement to benefit should not usually be affected if you haven't been neglignet or consented to or connived to the failure to pay. Here is a link:

http://www.inlandrevenue.gov.uk/leaflets/ca07.pdf