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NI Contributions ESA - Further clarification

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8 years 4 months ago #146978 by JediCP
I've seen it mentioned that an individual must have worked extensively in the two previous tax years in order to qualify for conts based benefits such as ESA.

What does extensively mean? Are you required to have worked for the full 52 weeks of each tax year and earn X amount per week minimum to qualify?

Does carers allowance count towards the credits and or IR ESA NI credits?

I'm trying to explain this to someone in my church, but it sounds very complicated.

If one were to come off of ESA from a long period of claiming, around 3 years, how long would it take to qualify again for the contributions based benefit if they were to become sick/disabled again?

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8 years 4 months ago #147037 by Gordon
JediCP

This can be complicated so I'll try and keep it as simple as possible.

There are two Contribution Conditions that have to be met, but they are effected by the date of the claim, the first thing that has to be considered is the Benefit Year. At the moment the year is 2015 on Monday 7 January 2016 it will change to 2016.

The Benefit Year determines which Tax Years are used, for 2015 it is 2012-13 and 2013-14, for 2016 it will be 2013-14 and 2014-15.

The first Condition requires the claimant to have received at least 26 weeks of NI Contributions in either of the relevant Tax Years.

The second Condition requires the claimant to have received at least 50 weeks of NI Contributions or NI Credits in both of the relevant Tax Years.

NI Contributions can only be acquired through paid employment at more than the Lower Earning Limit (per job) or registered and paid self-employment.

Ni Credits are received as a result of the claimant receiving certain benefits such as ESA (IR or CB), JSA or Carers Allowance (see below).

There are exceptions to these rules and discretion to relax some of them. In particular, there is an exception to the first Contribution Condition for claimants who have been receiving CA in last complete Tax Year before the current Benefit Year.

How long someone would have to work before they make a new claim for ESA(CB) will depend on their working and benefit history and when the claim is made.

Gordon

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

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8 years 4 months ago #147041 by JediCP
Thanks
Are there any more exceptions?

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8 years 4 months ago #147067 by Gordon

JediCP wrote: Thanks
Are there any more exceptions?


Have a look at the following

www.gov.uk/government/uploads/system/upl...e/474046/dmgch41.pdf

Paragraph 41029 onwards.

Gordon

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

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