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ESA , carers allowance and regulation 9?
- Rainbownut
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4 years 6 months ago #252365 by Rainbownut
ESA , carers allowance and regulation 9? was created by Rainbownut
Hi,
Can someone explain in SUPER simple terms to me, how Regulation 9 works for contribution based ESA please?
From what I had read, then I thought I was OK to claim under Regulation 9 regarding Carers Allowance, but they have sent me a letter saying they cannot pay me, as I have not been credited with enough NI contributions for 2018-2019. The lady on the ESA line (before this letter came), said that they had contacted Carers Allowance to confirm & that they were looking at 2018/19 & 2017/18.
I have been in receipt of Carers Allowance since 19th May 2014.
I paid self employed NI contributions from 2007/8 (43 weeks worth SE & 58 weeks of NI credits)) to 2011/12 (20 weeks SE and 52 NI credits) then again from 2012/13 (45 weeks SE & 52 NI credits) to 2014/2015 (just 4 weeks SE, 53 weeks NI credits).
I was full time employed 2000/2001 till 2005 (just £52.80 paid employment, then 26 weeks NI credits- I think from Maternity Allowance) then 2006/7 also had full NI credits.
For some bizarre reason 99-00 is showing as not making any contributions, but I was working full time that whole year, but did change jobs at one point.
98-99 if full employed
97-98 is also showing wrongly as no contributions, as I was full employed.
So before I call, I need to understand if I AM actually eligible or not? Having only CA credits since 2014, not working full time since 2005 & then a few years of self employment?
Thank you
Can someone explain in SUPER simple terms to me, how Regulation 9 works for contribution based ESA please?
From what I had read, then I thought I was OK to claim under Regulation 9 regarding Carers Allowance, but they have sent me a letter saying they cannot pay me, as I have not been credited with enough NI contributions for 2018-2019. The lady on the ESA line (before this letter came), said that they had contacted Carers Allowance to confirm & that they were looking at 2018/19 & 2017/18.
I have been in receipt of Carers Allowance since 19th May 2014.
I paid self employed NI contributions from 2007/8 (43 weeks worth SE & 58 weeks of NI credits)) to 2011/12 (20 weeks SE and 52 NI credits) then again from 2012/13 (45 weeks SE & 52 NI credits) to 2014/2015 (just 4 weeks SE, 53 weeks NI credits).
I was full time employed 2000/2001 till 2005 (just £52.80 paid employment, then 26 weeks NI credits- I think from Maternity Allowance) then 2006/7 also had full NI credits.
For some bizarre reason 99-00 is showing as not making any contributions, but I was working full time that whole year, but did change jobs at one point.
98-99 if full employed
97-98 is also showing wrongly as no contributions, as I was full employed.
So before I call, I need to understand if I AM actually eligible or not? Having only CA credits since 2014, not working full time since 2005 & then a few years of self employment?
Thank you
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- Gordon
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4 years 6 months ago #252376 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA , carers allowance and regulation 9?
Lisa
This is the relevant legislation
www.legislation.gov.uk/uksi/2013/379/regulation/9/made
The Employment and Support Allowance Regulations 2013
Relaxation of the first contribution condition
9.—(1) A claimant who satisfies any of the conditions in paragraph (2) is to be taken to satisfy the first contribution condition if—
(a) the claimant paid Class 1 or Class 2 contributions before the relevant benefit week in respect of any one tax year; and
(b) the claimant has—
(i) earnings equal to the lower earnings limit in that tax year on which primary Class 1 contributions have been paid or treated as paid which in total, and disregarding any earnings which exceed the lower earnings limit for that year, are not less than that limit multiplied by 26; or
(ii) earnings factors in that tax year derived from Class 2 contributions multiplied by 26.
(2) The conditions referred to in paragraph (1) are that the claimant—
(a)was entitled to a carer’s allowance in the last complete tax year immediately preceding the relevant benefit year;
So you need to have been receiving Carers Allowance in the Tax Year 2018-19 and you need still meet the Second Contribution Condition, that you have a minimum of 50 weeks NI Contributions or Credits in both of the Tax Years 2017-18 and 2018-19.
If you were receiving CA in both of these Tax Years then you should have the NI Credits but be aware the Carers Unit often fail to make HMRC aware that the claimant is entitled to the NI Credits so it is not uncommon for their NIC history to be incomplete.
Gordon
This is the relevant legislation
www.legislation.gov.uk/uksi/2013/379/regulation/9/made
The Employment and Support Allowance Regulations 2013
Relaxation of the first contribution condition
9.—(1) A claimant who satisfies any of the conditions in paragraph (2) is to be taken to satisfy the first contribution condition if—
(a) the claimant paid Class 1 or Class 2 contributions before the relevant benefit week in respect of any one tax year; and
(b) the claimant has—
(i) earnings equal to the lower earnings limit in that tax year on which primary Class 1 contributions have been paid or treated as paid which in total, and disregarding any earnings which exceed the lower earnings limit for that year, are not less than that limit multiplied by 26; or
(ii) earnings factors in that tax year derived from Class 2 contributions multiplied by 26.
(2) The conditions referred to in paragraph (1) are that the claimant—
(a)was entitled to a carer’s allowance in the last complete tax year immediately preceding the relevant benefit year;
So you need to have been receiving Carers Allowance in the Tax Year 2018-19 and you need still meet the Second Contribution Condition, that you have a minimum of 50 weeks NI Contributions or Credits in both of the Tax Years 2017-18 and 2018-19.
If you were receiving CA in both of these Tax Years then you should have the NI Credits but be aware the Carers Unit often fail to make HMRC aware that the claimant is entitled to the NI Credits so it is not uncommon for their NIC history to be incomplete.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Rainbownut
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4 years 6 months ago #252770 by Rainbownut
Replied by Rainbownut on topic ESA , carers allowance and regulation 9?
Thank you.
I phoned them & they escalated it to an different office, saying I would receive a phone call by Tuesday, as yes it looks like I should be eligible.
No call came, but we received £5.08 in the account, so I resumed it was sorted.
I got a letter today though & I’m now even more confused!!
They are saying they looked at it due to a recent change & now:
From 15/10/20 ESA will be £7.10 a week
From 27/10/20 ESA will be £74.35 a week
But on the last page it says:
Living expenses £74.35
Which gives a total income-related amount £74.34
INCOME AND BENEFITS
No income will be taken off your ESA
Your income-related amount is £74.35 less £0.00 so you would have been entitled to £74.35
However because you are entitled to contribution-based ESA we will pay you £7.10
The amounts on this page apply from 20/10/20 to 26/10/20
—————-
I’ve had carers since May 2014 & we get child tax credits, but not working due to my husbands wages being too high.
From what I understood I would continue to get Carers allowance & then a small top up from ESA, until I’m hopefully put in the support group once assessed.
So I don’t understand why it talks about income related, why we have a pending payment of £81.45 due & WHY it says it’s only up to the 26/10/20?!
I’m so, so confused by all this! I thought this bit would be the easy bit, with the form & assessment being the difficult bit (like PIP!).
I phoned them & they escalated it to an different office, saying I would receive a phone call by Tuesday, as yes it looks like I should be eligible.
No call came, but we received £5.08 in the account, so I resumed it was sorted.
I got a letter today though & I’m now even more confused!!
They are saying they looked at it due to a recent change & now:
From 15/10/20 ESA will be £7.10 a week
From 27/10/20 ESA will be £74.35 a week
But on the last page it says:
Living expenses £74.35
Which gives a total income-related amount £74.34
INCOME AND BENEFITS
No income will be taken off your ESA
Your income-related amount is £74.35 less £0.00 so you would have been entitled to £74.35
However because you are entitled to contribution-based ESA we will pay you £7.10
The amounts on this page apply from 20/10/20 to 26/10/20
—————-
I’ve had carers since May 2014 & we get child tax credits, but not working due to my husbands wages being too high.
From what I understood I would continue to get Carers allowance & then a small top up from ESA, until I’m hopefully put in the support group once assessed.
So I don’t understand why it talks about income related, why we have a pending payment of £81.45 due & WHY it says it’s only up to the 26/10/20?!
I’m so, so confused by all this! I thought this bit would be the easy bit, with the form & assessment being the difficult bit (like PIP!).
The following user(s) said Thank You: Nicol
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- Gordon
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4 years 6 months ago #252799 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA , carers allowance and regulation 9?
Lisa
I do agree that the numbers do not add up.
You should be entitled to the ESA Assessment rate, this is currently £74.35/week
As far as I know you should be claiming New Style ESA which is a Contribution Based benefit so there should be no deductions for any savings or income that you have, the claim is in your name only so your husband's finances can't affect your ESA.
NS ESA and CA are overlapping benefits, this means that only one of the two can be paid and as the ESA is the higher it should be the one and your CA should cease payment although your claim remains open and you retain what is called an underlying entitlement.
It is possible that the letter reflects the fact that you are still receiving CA and has been reduced to avoid an overpayment but the numbers still do not add up as CA is £67.25/week and the difference is £68.25/week a £1 difference.
All I can suggest at this time is that you contact the DWP for a more detailed explanation of the amounts in the letter and to query whether it is actually correct.
Gordon
I do agree that the numbers do not add up.
You should be entitled to the ESA Assessment rate, this is currently £74.35/week
As far as I know you should be claiming New Style ESA which is a Contribution Based benefit so there should be no deductions for any savings or income that you have, the claim is in your name only so your husband's finances can't affect your ESA.
NS ESA and CA are overlapping benefits, this means that only one of the two can be paid and as the ESA is the higher it should be the one and your CA should cease payment although your claim remains open and you retain what is called an underlying entitlement.
It is possible that the letter reflects the fact that you are still receiving CA and has been reduced to avoid an overpayment but the numbers still do not add up as CA is £67.25/week and the difference is £68.25/week a £1 difference.
All I can suggest at this time is that you contact the DWP for a more detailed explanation of the amounts in the letter and to query whether it is actually correct.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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