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  1. #1
    New Member
    Join Date
    May 2013
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    4

    Complex NI situation

    Hi

    I read many posts on this forum before deciding to join as I can see there is a very caring and helpful community spirit here, which is something I am unable to find within the established channels !

    My problem is, I made a claim for contribution-based ESA recently, but it has been rejected on the grounds that I have not paid (or been credited with) enough NI contributions in the last 2 tax years!

    My situation is that, due to on-going severe illness, I have been unable to work for the last 3 years and have therefore paid no NI contributions during this time. However, prior to this I have paid 37 continuous years of class 1 NI contributions, enough to qualify for a full state pension but apparently not for a benefit for which I believe I should be entitled.

    It does not seem fair that due to a long illness I have been turned down for ESA. I have applied for back-dated NI credits to overcome this dilemma but nobody (DWP, CAB or NI Contributions Office) seems to be able to interpret the complex legislation that is in place, which is supposed to take account of situations like my own - Regulation 8B of the Social Security (Credits) Regulations 1975, which, in certain circumstances, makes provision for ANY previous tax year to be a qualifying contribution year for Benefits purposes. Very sensible, this seems the answer for people in my situation.

    However, nobody will take responsibility and I have simply been passed from one organisation to the other and back again and now face a brick wall of ignorance! I believe I cannot be the only person ever to have been in this situation before and I find it very frustrating that long-standing legislation is in place but nobody can tell me how to bring it into effect !!

    Any advice that anybody can give to help move things forward would be most appreciated ! Thanks.
    Last edited by yedmans; 25-05-13 at 05:57. Reason: omission

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