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Forum Home  →  Discussion  →  Disability benefits  →  Thread

New style ESA and topping up NI

ejm
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Community palliative care team - Rowcroft Hospice

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Am working with an adult of working age. Claiming PIP under special rules. Never claimed ESA and is pretty certain would not gave credits.
If he paid relevant NI could he then claim?
Thanks in advance

csmk
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Macmillan Benefits Advice Service/Citizens Advice Dudley Borough

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Voluntary (class 3) NI contributions might only cover gaps towards a State Pension or bereavement benefits and may have no effect on Contributory/New Style ESA. Your patient might want to check with the National Insurance Contributions Office to confirm if they can be paid late and count towards the NI conditions for NS-ESA.

The time limit to pay them is 6 years from the date in which the payments are made towards that particular tax year. Although the relevant tax years for a New Style ESA claim is 2016-2017 and 2017-2018, so time limit shouldn’t be an issue.

Does the client not have any entitlement to means tested Universal Credit? If they do then a DS1500 sent to UC will mean a LCWRA element will be paid after the 5 week wait (the equivalent to the Support group on ESA) and would not have to wait the approximate 4 months from the date of claim to get this in payment.

ejm
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Community palliative care team - Rowcroft Hospice

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Thanks
No wouldn’t be eligible for UC.
Will contact tax office

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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Class 3 voluntary contributions will not help with new style ESA. If they were self employed and could pay Class 2 contributions they would count but even then they would not be entitled to receive benefit until 6 weeks after they are paid.

[ Edited: 27 Jun 2019 at 06:46 pm by Ianb ]
JojoMitchell
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Disability Law Service, London

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Sorry to jump on this but just taken a call.  59 yo woman with 3 missing years for a max state pension.  She wants a full SRP and Age UK told her she was eligible for NI credits under:  reg 8B of the Social Security (Credits) Regulations 1975 (SI No. 556).  She has PIP, a private pension and IIDB but due to her brain injury could not state how much they were.  She rents and lives with her son who works full time. 

As she is not entitled to SDP and insufficient NI (injury at work in 2010) she cannot claim ESAIR or new style so all I can see is a poss UC depending on her income?

Is this right?

Many thanks 😊

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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JojoMitchell - 19 December 2019 05:59 PM

Sorry to jump on this but just taken a call.  59 yo woman with 3 missing years for a max state pension.  She wants a full SRP and Age UK told her she was eligible for NI credits under:  reg 8B of the Social Security (Credits) Regulations 1975 (SI No. 556).  She has PIP, a private pension and IIDB but due to her brain injury could not state how much they were.  She rents and lives with her son who works full time. 

As she is not entitled to SDP and insufficient NI (injury at work in 2010) she cannot claim ESAIR or new style so all I can see is a poss UC depending on her income?

Is this right?

Many thanks :)

Are you trying to establish a claim in order to get income or simply in order to get NI credits due to LCW. If the latter I believe the route is to apply for new style ESA, although she will not be entitled to payment due to lack of NI I think this will get her a WCA following which she will get NI credits if found to have LCW. I don’t know anyone who has actually done this so I am not 100% sure it will work.

Obviously if she may be entitled to some UC payments it would be sensible to do UC but I don’t think that’s the way to go if it is only Credits she is after.

JojoMitchell
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Disability Law Service, London

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Thanks, credits only is what she wants.

Andyp5 Citizens Advice Bridport & District
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Citizens Advice Bridport & District

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Have a look at the link below and SSL 2019/20 Vol 1 refers to the case law below citing paragraph 29 pages 507 - 510. In particular general note pages 509 - 510.

Haven’t done the above with New Style ESA, i’m guessing as all with things New Style ESA it will be a slog!

https://www.rightsnet.org.uk/welfare-rights/caselaw/item/Time-limit-for-claiming-credits-on-grounds-of-incapacity-for-work-

JojoMitchell
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Disability Law Service, London

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Thanks so much!!