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National Insurance credits query

judithd
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Derby Advice, Derby Homes

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Total Posts: 51

Joined: 17 June 2010

Hi, I’m hoping someone with knowledge around credits can help?

My client’s husband is now 51, he had an accident aged 40 and has been unable to work since.  He gets PIP daily living and she claims CA.
For 4 years after the accident he claimed Incapacity benefit, he was then moved to ESA and failed the LCW test.  he appealed this and the appeal was not allowed.  At this point she claimed Income Support for them as a carer, they are still on Income Support though she is considering going back to work.
She is concerned about NI credits for her husband, is there anything he can claim to boost his NI credits record as she thinks he will not get a full State Retirement pension.

Charles
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Accountant, Haffner Hoff Ltd, Manchester

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While he was receiving Incapacity Benefit, he would have been getting NI credits.
I thought for a second that he’d be able to use the provision which gives NI credits to those who “would have been” treated as having incapacity for work if a claim would have been made for Incapacity Benefit, but I don’t think it works now that the Incapacity Benefit legislation no longer applies to him following the conversion decision.

If she does start work and has to claim UC, that would give him credits going forward.

I can’t think of anything else unfortunately.

Mairi
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Welfare rights officer - Dunedin Canmore Housing Association

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This doesn’t answer the question really (because it’s already been answered) but I wonder what the thinking is behind the concern about the amount of state retirement pension.

I’ve had a number of conversations with people about this type of thing over the years and I always ask them what they think their circumstances might be when they reach state retirement age.  Obviously there are definite benefits in having a full state pension but I can’t really see the benefits of worrying about it too much unless you’re otherwise not going to have entitlement to means-tested benefits because of other income or capital.

For example, someone with liability to pay rent after they reach pension age whose only income is full state pension will have more or less the same disposable income as someone who receives a reduced state pension and pension credit as both claimants will need to apply for housing benefit to pay their rent.  Lots of people don’t appreciate that.

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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Because there is no guarantee that either Pension Credit or Housing Benefit will exist in their current forms in the future? Because there is no guarantee that means-tested benefits for people over pension-age will retain their relatively generous levels compared to working-age means-tested benefits?

seand
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Welfare rights officer - Wheatley Homes

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Joined: 16 June 2010

He can try to claim NI Credits for LCW again. Usual route is via a claim for new style ESA, which will prompt the work capability process even though he won’t be entitled to ESA

judithd
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Derby Advice, Derby Homes

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Total Posts: 51

Joined: 17 June 2010

Thanks all for your responses , very helpful