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National Insurance Credits on Income Related ESA

Michele_J
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Brighton Housing Trust

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Total Posts: 35

Joined: 19 May 2015

This concerns a joint-claimant on a claim for Income Related ESA.

The main claimant had LCWRA / support group - Get NI credits

The Joint Claimant was simply a joint claimant over the years (no claim for Carer’s Allowance applied) so no NI Credits as a carer.
The Joint Claimant now has a massive gap in NI (for their state pension)

I have to say, I was not aware that a joint claimant on an Income Related ESA claim was NOT eligible for any form of NI (e.g. Class 3 or similar). But thinking about it, it is possible indeed!! (not jobseekers, no claim for Carer’s Allowance applied…he did not have a Work Capability Assessment himself and was never determined to have Limited Capability for Work even let along Limited Capability for Work and Work-Related Activities .... so.

Is this correct? I am just checking as I cannot work out where I can find the answer to this, having looked that the amendments of NI Regs 1975 (to 2011).

 

Kizza
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Advice and Guidance Coordinator, CCP Gloucestershire

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Joined: 17 July 2012

Hi

As far as I am aware that is correct.

Technically it is not a joint claim but a ‘claimant and partner’ claim. It was only possible to have joint claims on jobseekers when both members of the partnership had to sign on.

It was often the case on ESA that the partner also had a credits only conts claim to get round this issue

Michele_J
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Brighton Housing Trust

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Total Posts: 35

Joined: 19 May 2015

Thank you for your reply. Does anyone know the part of the legislation (regulations) that would confirm that because I cannot find it :-(