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CA and ESA Claim
- KATHATX
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7 years 11 months ago #163170 by KATHATX
CA and ESA Claim was created by KATHATX
Hello folks!
Just wondered if anyone out there knows the answer to my question as I have rang DWP three times and they tell me I can receive ESA CB then write to me and say I cannot due to insufficient National Insurance contributions. Thought CA paid them.?
My situation is that previously to an operation I was a carer for my husband the past 5 years. I cancelled my CA when I was in hospital for operation as I am no longer well enough to fulfil role. I then applied for ESA (contributions based) . I have been told yes then again no, three times.
I am very confused.
I am in the process of chemotherapy at moment and not really up for all of this carry on. I do not receive any benefits apart from 25% CT reduction.
ANY help will be most gratefully. received
Just wondered if anyone out there knows the answer to my question as I have rang DWP three times and they tell me I can receive ESA CB then write to me and say I cannot due to insufficient National Insurance contributions. Thought CA paid them.?
My situation is that previously to an operation I was a carer for my husband the past 5 years. I cancelled my CA when I was in hospital for operation as I am no longer well enough to fulfil role. I then applied for ESA (contributions based) . I have been told yes then again no, three times.
I am very confused.
I am in the process of chemotherapy at moment and not really up for all of this carry on. I do not receive any benefits apart from 25% CT reduction.
ANY help will be most gratefully. received
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- Gordon
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7 years 11 months ago - 7 years 11 months ago #163194 by Gordon
OK this is slightly complicated.
CA does not pay NI Contributions these can only be acquired through paid employment or registered self-employment, rather it pays NI Credits, these can be used in part for an ESA(CB) claim but you will still normally need NI Contributions as well.
However, Regulations 8.2(a) of the ESA Regulations 2008, provides a "relaxation" of the requirement for NICs if you were receiving CA during the last complete Tax Year preceding the year of your ESA claim, this would be 2014-15. You will also need to have paid at least 26 weeks of NICs in one complete Tax Year at some time in the past
www.legislation.gov.uk/uksi/2008/794/regulation/8/made
The DWP often forget that this rule so providing you can meet the requirements I would contact the DWP and remind them of it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic CA and ESA Claim
KATHATX wrote: Hello folks!
Just wondered if anyone out there knows the answer to my question as I have rang DWP three times and they tell me I can receive ESA CB then write to me and say I cannot due to insufficient National Insurance contributions. Thought CA paid them.?
My situation is that previously to an operation I was a carer for my husband the past 5 years. I cancelled my CA when I was in hospital for operation as I am no longer well enough to fulfil role. I then applied for ESA (contributions based) . I have been told yes then again no, three times.
I am very confused.
I am in the process of chemotherapy at moment and not really up for all of this carry on. I do not receive any benefits apart from 25% CT reduction.
ANY help will be most gratefully. received
OK this is slightly complicated.
CA does not pay NI Contributions these can only be acquired through paid employment or registered self-employment, rather it pays NI Credits, these can be used in part for an ESA(CB) claim but you will still normally need NI Contributions as well.
However, Regulations 8.2(a) of the ESA Regulations 2008, provides a "relaxation" of the requirement for NICs if you were receiving CA during the last complete Tax Year preceding the year of your ESA claim, this would be 2014-15. You will also need to have paid at least 26 weeks of NICs in one complete Tax Year at some time in the past
www.legislation.gov.uk/uksi/2008/794/regulation/8/made
The DWP often forget that this rule so providing you can meet the requirements I would contact the DWP and remind them of it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 11 months ago by Gordon.
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- KATHATX
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7 years 11 months ago #163198 by KATHATX
Replied by KATHATX on topic CA and ESA Claim
Thank you so very much Gordon. I will ring them tomorrow.
I will let you know the outcome.
Thanks again !
I will let you know the outcome.
Thanks again !
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- KATHATX
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7 years 10 months ago #164529 by KATHATX
Replied by KATHATX on topic CA and ESA Claim
This is a message for Gordon. I have been allowed ESA contributions based. I received a phone call yesterday to tell me they would ring today. I have rang nearly every day to see if there was any further information on my claim.
You were correct none of the advisers knew about the legislation 2008 that you mentioned. So I wrote to them as well as called and finally was allowed to speak to someone who looked into it. I now will have backdated payments on Monday from April.
I cannot thank you enough.
Incredible to think that people will have no knowledge of this rule and end up without payment. I have 41 years of fully paid NICS albeit the last couple of years credits for CA.
So thank you again Gordon. You have saved me so much worrying going forward.
Have no letter yet to give you details but will post.KATHAT
You were correct none of the advisers knew about the legislation 2008 that you mentioned. So I wrote to them as well as called and finally was allowed to speak to someone who looked into it. I now will have backdated payments on Monday from April.
I cannot thank you enough.
Incredible to think that people will have no knowledge of this rule and end up without payment. I have 41 years of fully paid NICS albeit the last couple of years credits for CA.
So thank you again Gordon. You have saved me so much worrying going forward.
Have no letter yet to give you details but will post.KATHAT
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- Gordon
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7 years 10 months ago #164544 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic CA and ESA Claim
KATHATX
Glad I was able to help.
Gordon
Glad I was able to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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