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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Not meeting the first conditions of CESA

Aisha
forum member

Housing services - Trust Housing Association, Scotland

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Total Posts: 4

Joined: 4 February 2011

HI Everyone i hope you can help me!

I have a lady who i helped apply for CESA based on her Carer status.  She has never really worked and was caring for her granddaughter between 2008 to 2012 and was getting carer allowance.  She is now on dialysis and does not qualify for the income related ESA.

The DWP have come back stating that she did not pay any NI Contributions in any tax year for at least 6 months therefore has not staisfied the first condition.  They state went back to 1975 and shows no record.  However the lady did confirm that she hadnt worked to the jobcentre when she called them but did in fact worked before she was married and because he said upto 1975 she did not mention this.
She did in fact work in a factory in huddersfield for 3 years from 1972 to 1975 and paid NIc and then got married and had a child and after her first child went back to work in 1977 for around 6 months and fell pregnant again and then gave up work.  From 1980 to 1990 she worked with her husband in his busniess but he never paid her class 2 NIC and she did not realise he was never doing that. Unfortantly she has no paperwork or payslips to prove this.

However in the reg it says any tax year but they will only look from 1975. Surely if there is no time limit then should take those years into consideration? can anyone advise me if i could argue this and what are my chances?!!!!

Aisha