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TOPIC: ESA-NHS Contributions-Qualifying 4 Support Group

ESA-NHS Contributions-Qualifying 4 Support Group 1 week 5 days ago #174837

Hello, I’m New to BAW and I could really do with your help right now.

Regarding my wife’s Contribution based ESA claim she has been told she hasn’t paid enough NHS credits therefore doesn’t qualify for C/ESA. DWP looked at her records up to 2014/15. Last time I check my wife’s NHS records she had 34 qualifying years up to 2014/2015. I assumed one more credit for 2015/16 would make 35 years the maximum needed, I think!. Am I missing something because I don’t fully understand the contribution based ESA, even when reading the guidelines? By the way she’s not been accessed yet, but would qualify for the support group for sure, my wife’s 57 with full PIP. Is this the end of her claim? She has until 5th Dec before she can ask for a Mandatory Reconsideration. If anybody could help or explain in layman’s terms more about how you qualify for the contribution based ESA, where I’m going wrong I would be very grateful.
Thanks Ashley.
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ESA-NHS Contributions-Qualifying 4 Support Group 1 week 5 days ago #174858

  • Gordon
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AH

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?


To receive Contribution Based ESA your wife needs to meet two Contribution Conditions.

For a claim made in 2016. Be aware that a claim for ESA made in 2017 will use different Tax Years.

The First Condition requires her to have paid 26 weeks or more of NI Contributions in either of the Tax Years 2013-14 and 2014-15.

The Second Condition requires her to have paid/received at least 50 weeks of NI Contributions and/or Ni Credits in the both the Tax Years 2013-14 and 2014-15.

If you think that she meets these requirements then you/she need to contact HMRC and ask for a statement for these two Tax Years.

If she does not qualify for ESA(CB) then she may be eligible for Income Related ESA. ESA (IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

If she is not eligible for ESA(CB) or ESA(IR) then she should still be able to continue with her claim and if successful can receive NI Credits that count towards a full State Pension, although from what you have posted this may not be necessary.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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The following user(s) said Thank You: Ashley

ESA-NHS Contributions-Qualifying 4 Support Group 1 week 5 days ago #174889

Thanks Gordon.

So does the first condition mean it cannot be paid by tax credits but must be paid by contributions from working. i.e. years 13/14-14/15. Can you offer to pay them in the following years.

As we were unaware, my wife should have claimed when first made unfit for work a long time ago as she stopped working about 1 year before her progressive illness.

Ashley
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ESA-NHS Contributions-Qualifying 4 Support Group 1 week 2 days ago #174960

  • Gordon
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Ashley wrote:
Thanks Gordon.

So does the first condition mean it cannot be paid by tax credits but must be paid by contributions from working. i.e. years 13/14-14/15. Can you offer to pay them in the following years.

As we were unaware, my wife should have claimed when first made unfit for work a long time ago as she stopped working about 1 year before her progressive illness.

Ashley

It's nothing to do with Tax Credits. NI Contributions can only be acquired through work or registered self-employment, nor can they be paid for after the event.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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ESA-NHS Contributions-Qualifying 4 Support Group 1 week 1 day ago #175106

Gordon, I meant to say 'NI credits' say for when she was looking after the children. Do they count. Or is this only for pension purposes. Thanks again.
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ESA-NHS Contributions-Qualifying 4 Support Group 1 week 1 day ago #175130

  • Gordon
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Ashley wrote:
Gordon, I meant to say 'NI credits' say for when she was looking after the children. Do they count. Or is this only for pension purposes. Thanks again.

Ni Credits can be used to meet the Second Contribution Condition but not the First which can only be fulfilled by NI Contributions.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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