ESA(cb) by retrospective payment of NI?

Is it possible to pay NI contributions retrospectively and then qualify for ESA(cb)?

My client, formerly self-employed, has been on ESA(credits only) since July’10. He did not meet the NI rules for 08/09 and 09/10 and he fails the means-test because his wife works full-time.  His condition has been such that for the past year, he hasn’t felt able to deal with benefit matters but he is now considering retrospectively paying NI. 

I have rang the JCP who were uncertain but suggested it was possible subject to a 6-week penaly before payment.

Any advice appreciated.  Thanks in advance.

Garry

I can’t find the exact reference now, but you can certainly qualify for benefits by late-paid contributions as long as it’s not too late - within six years for Class 2 contributions. My recollection of getting it up when I had to deal with an appeal on it is that you may ahve to pay at the current rate, not the one which obtained when you missed the payment, and that there is indeed a gap of 6 weeks before you can then use them to found a claim. But I can’t cite chapter and verse.
There may also be penalties for late payment.
I hope he’s dealt with his tax returns, but somehow…

Class 3 contribs only count for state pension - useless for the working age bens. Anyway, class 2 is cheaper, as long as you were registered as self employed during the period.

Thank you Ariadne and Andyp4 for your helpful replies. Much appreciated.

@Ariadne - I’ll ring the NI Enquiry Line to find out more, and will discuss with my client about paying class 2 contributuions. Presumably the NI people should be able to ‘quote’ the amount needed?  I assume that any 6-week penalty will apply from the date of claim (i.e now) and there is no scope to either seek a retrospective claim from July ‘10 or a 3-month backdate from now?

@Andyp4 - as far as I know my client had been fit and working self-employed for many years prior
to this current episode so we’ll be seeking sick notes from 7/10 only.
Thanks again.