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Forum Home  →  Discussion  →  Disability benefits  →  Thread

NS ESA after claiming Carers Allowance

Padula
forum member

Welfare Benefits Team at South Tyneside Citizens Advice

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Total Posts: 9

Joined: 10 August 2022

Hi all
I have a client who I believe meets both the conditions for claiming NS ESA as previously claiming CA for many years but need to check if my understanding is correct.
Client would meet the 1st condition as a Carer claiming CA if;

Relaxation of the frst contribution condition 41032 The first contribution condition is taken to be satisfed1 if

3. the claimant
3.1 was entitled to CA in the last complete tax year immediately before the relevant benefit year in which the first day of LCW occurred

I am unsure if the 2nd condition is satisfied by claiming CA.

41033 The second contribution condition is satisfied if

1. in the last two complete relevant income tax years before the beginning of the relevant beneft year the claimant has
1.1 paid or been credited with class 1 or class 2 NI contributions or
1.2 been credited with earnings and
2. the earnings factor in each of those years is not less than 50 times the LEL for those last two complete relevant income tax years

The client will have been credited with NI class 1 credits automatically when claiming CA

National Insurance credits: Eligibility - GOV.UK (http://www.gov.uk)

But point 2 above, does this apply to both a client earnings and a client who was claiming CA instead of earnings? As client will not meet the LEL on CA
Thanks for any help.
Paula

Charles
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Accountant, Haffner Hoff Ltd, Manchester

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Total Posts: 1418

Joined: 27 February 2019

Yes, this is fine. They are credited with earnings equal to the LEL.

https://www.legislation.gov.uk/uksi/1975/556/regulation/7A