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Thread: Complex NI situation

  1. #1
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    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

  2. #2
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    If you have had no joy with those you mention,especially CAB, I doubt there is anyone here who could help with specific case law.
    You are able to make up any shortfall in NIC but as you say this is only for a state pension. AS CL says you do get NI credit whilst on benefit but your problem is that you did not get NI credit as you weren't claiming or working for the prior regulation 2 years.
    I'm assuming that you have other income which excludes you from IR benefit?
    Sorry, I can't be more helpfull, it does appear you are stuck on this one for CB ESA.

  3. #3
    davewhit
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    Quote Originally Posted by yedmans View Post
    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.
    This complex situation you find yourself in is very common and I can think of a couple of others on here in the same postion ...........

    Because you have not paid NI for the correct years you can only apply for Income related benefits

    Buy back years with NI CREDITS is NOT the same as paying NI Contributions The credits you can buy only fill in the gap for old age pension not ESA or JSA ect ect

    As far as I know IMO there is nothing you can do a person who posts under the name DICKENSON had this problem

  4. #4
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    yep i have the same problem and i agree it is totally unfair . i have tried all angles but afraid you are on a loser with this one.

  5. #5
    Senior Member Lighttouch's Avatar
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    Contributions based ESA

    In order to get this you need to have been working right up to the point when you fell ill. I took medical early retirement a few years ago and initially I thought I'd be entitled to contributions based ESA - no chance! As I was getting a private occupational pension that was just paying a little bit too much but they ds day the only thing I could get if I signed on was credited NI stamps towards my state pension. As I already had 37 years worth it wasn't worth the paperwork as I only need 35 years worth.

    Only ten more years to go before I'm entitled to any benefits by which time I'll be pushing up daisies. Such is life!

  6. #6
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    Quote Originally Posted by Lighttouch View Post
    Contributions based ESA

    In order to get this you need to have been working right up to the point when you fell ill. I took medical early retirement a few years ago and initially I thought I'd be entitled to contributions based ESA - no chance! As I was getting a private occupational pension that was just paying a little bit too much but they ds day the only thing I could get if I signed on was credited NI stamps towards my state pension. As I already had 37 years worth it wasn't worth the paperwork as I only need 35 years worth.

    Only ten more years to go before I'm entitled to any benefits by which time I'll be pushing up daisies. Such is life!
    Hi Lighttouch thanks for your info. Is it only because your private pension is too much that you don't receive any ESA or was it
    some complication with NI contributions? BTW what benefit will you be entitled to in 10 years time if you don't mind me asking ??

  7. #7
    Senior Member Lighttouch's Avatar
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    Yes my private pension is above the ESA threshold. In fact I have another two private pensions I could do with 'activating' but it would also get taxed. My NI contributions are up to date - I was only out of work once in 37 years!

    I don't have a mortgage or any debt but have savings - it actually works against me because I have to pay for everything including paying for cleaning, DIY type stuff and a gardener! In ten years I'll be entitled to the Universal state pension of about £140 pw.

  8. #8
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    Quote Originally Posted by Lighttouch View Post
    Yes my private pension is above the ESA threshold. In fact I have another two private pensions I could do with 'activating' but it would also get taxed. My NI contributions are up to date - I was only out of work once in 37 years!

    I don't have a mortgage or any debt but have savings - it actually works against me because I have to pay for everything including paying for cleaning, DIY type stuff and a gardener! In ten years I'll be entitled to the Universal state pension of about £140 pw.

    Wow! You certainly did take very early retirement, unfortunately for health reasons tho'. Glad to know you have your finances in good order! Thanks for your comments, I think our situations are very similar, but I still feel we are being penalised for being financially prudent throughout our working lives !!!
    Last edited by yedmans; 29-05-13 at 09:38. Reason: omission

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