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ESA - eligibility for credits only' income-based ESA with savings over 16k?
- Bobble
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1 year 4 months ago #281820 by Bobble
ESA - eligibility for credits only' income-based ESA with savings over 16k? was created by Bobble
Hi,
I'm hoping one of you might have come across this situation in the past .... Can you have a 'credits only' income-based ESA claim if you have savings of over £16,000.00?
I won't go into the background of how this happened, but this situation appears to have happened several years ago with a historic claim I had. I've only just been made aware of it and I'm naturally concerned as to the impact it may have.
Many thanks in advance for any information you have about this.
Bobble
I'm hoping one of you might have come across this situation in the past .... Can you have a 'credits only' income-based ESA claim if you have savings of over £16,000.00?
I won't go into the background of how this happened, but this situation appears to have happened several years ago with a historic claim I had. I've only just been made aware of it and I'm naturally concerned as to the impact it may have.
Many thanks in advance for any information you have about this.
Bobble
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- Gordon
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1 year 4 months ago #281844 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA - eligibility for credits only' income-based ESA with savings over 16k?
Bobble
The quick answer is no, if your savings have exceeded £16,000 then you are no longer entitled to Income Related ESA. I assume you were never entitled to Contribution Based ESA.
However, NI Credits are not paid under the old, or indeed new, ESA Legislation instead it is done under National Insurance Regs.
So, providing you have maintained your Limited Capability for Work status since your ESA stopped payment then you should still be entitled to NI Credits, although I would check with HMRC that they are actually being paid.
Gordon
The quick answer is no, if your savings have exceeded £16,000 then you are no longer entitled to Income Related ESA. I assume you were never entitled to Contribution Based ESA.
However, NI Credits are not paid under the old, or indeed new, ESA Legislation instead it is done under National Insurance Regs.
So, providing you have maintained your Limited Capability for Work status since your ESA stopped payment then you should still be entitled to NI Credits, although I would check with HMRC that they are actually being paid.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Bobble
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- Bobble
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1 year 4 months ago #282065 by Bobble
Replied by Bobble on topic ESA - eligibility for credits only' income-based ESA with savings over 16k?
Hi Gordon,
Thank you for your reply.
re contribution based - no.
I was on a claim with my partner, who was the main claimant. I started work and we ceased the claim even though my partner was still not fit for work. We recently checked our NI records and found my partner had been getting NI credits. When we queried this we were told the claim hadn't been closed. It has now been closed and all the NI credits have been removed, despite my partner still meeting the limited capability for work criteria during that time.
In your reply you said, "So, providing you have maintained your Limited Capability for Work status since your ESA stopped payment then you should still be entitled to NI Credits".
Would that apply even if there is no ESA claim?
Many thanks once again,
Bobble
Thank you for your reply.
re contribution based - no.
I was on a claim with my partner, who was the main claimant. I started work and we ceased the claim even though my partner was still not fit for work. We recently checked our NI records and found my partner had been getting NI credits. When we queried this we were told the claim hadn't been closed. It has now been closed and all the NI credits have been removed, despite my partner still meeting the limited capability for work criteria during that time.
In your reply you said, "So, providing you have maintained your Limited Capability for Work status since your ESA stopped payment then you should still be entitled to NI Credits".
Would that apply even if there is no ESA claim?
Many thanks once again,
Bobble
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- Gordon
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1 year 4 months ago #282070 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA - eligibility for credits only' income-based ESA with savings over 16k?
Bobble
I'm unclear about who you are asking on behalf of.
If your partner, losing entitlement to ESA(IR) does not mean that they lose their LCW status, there has to be a specific event that stops this like their starting work.
If you, I'm afraid you are not entitled to NI Credits more importantly, not have you been. Although this type of claim is referred to as a "couples claim" it is not, it is only in the name of the claiming person, you are considered to be part of their household which is why a higher rate is paid but you did not receive any NI Credits personally.
Gordon
I'm unclear about who you are asking on behalf of.
If your partner, losing entitlement to ESA(IR) does not mean that they lose their LCW status, there has to be a specific event that stops this like their starting work.
If you, I'm afraid you are not entitled to NI Credits more importantly, not have you been. Although this type of claim is referred to as a "couples claim" it is not, it is only in the name of the claiming person, you are considered to be part of their household which is why a higher rate is paid but you did not receive any NI Credits personally.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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