NI credits for incapacity for work and the LCW assessment

Hi all,

I hope to be able to clarify my thinking with the assistance of the wider Rightsnet community. I’m sure it is an easy answer.

What’s prompted this is a couple one working one unable to work due to ill health who wouldn’t be able to receive UC without the limited capacity for work related activity amount included in their maximum amount. The one with ill health has tried to claim contributory ESA but been refused (correctly) on the grounds of insufficient NI contributions.

He is pursuing a claim for NI credits on grounds of incapacity for work, one would presume that a condition of receiving credits is that he is assessed for LCW and LCWRA, but this is not specific in CPAG welfare benefits handbook.

looking at the regulations for NI credits, one of the conditions of entitlement is that they have limited capacity for work under part I of the Welfare Reform Act (ESA).

My presumption is that because of this clause the DWP will require a person who is claiming credits to undertake a LCW assessment, can anyone confirm that this is the case?

TIA

Yes. Credits are awarded under reg 8B(2)(a)(iv) of the Social Security (Credits) Regs 1975 to people who would qualify for ESA if they met the contributions conditions. This means that WCAs will be done as normal.

Thanks, that’s the way I read it