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Cannot pay ESA
- Krystyna
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9 months 2 weeks ago #286852 by Krystyna
Cannot pay ESA was created by Krystyna
My wife has just received a letter saying that they cannot pay ESA from 5 Jan 2024 due to not paying or credited enough NI Contributions when looking at years 5 April 21 and 5 April 22.
Looking at her NI contribution record it says that she has 52 weeks national insurance credit for both years, and in 21 paid employment contributions of c.£105, and in 22 paid contributions of c. £1k.
Looking at other posts it seems that she needs to have 2 years of credits (met) and 26 weeks of employment contribution. In 2022 she worked for 6 months, so I would assume that this is also met however I cannot see the breakdown in the contribution records.
Does anyone know how I can get the breakdown of weeks paid etc? Also, why is 2022 and 2021 being looked at from 5 January onwards? When does 2023 start being looked at (in which she worked 7 months)?
The letter has no information on what happens next, details on why its been refused. She will not be able to work for some time due to ill health, so does she have to start a new claim when 2023 is included? I have no idea where to go with this really.
Thanks
Lizzie
Looking at her NI contribution record it says that she has 52 weeks national insurance credit for both years, and in 21 paid employment contributions of c.£105, and in 22 paid contributions of c. £1k.
Looking at other posts it seems that she needs to have 2 years of credits (met) and 26 weeks of employment contribution. In 2022 she worked for 6 months, so I would assume that this is also met however I cannot see the breakdown in the contribution records.
Does anyone know how I can get the breakdown of weeks paid etc? Also, why is 2022 and 2021 being looked at from 5 January onwards? When does 2023 start being looked at (in which she worked 7 months)?
The letter has no information on what happens next, details on why its been refused. She will not be able to work for some time due to ill health, so does she have to start a new claim when 2023 is included? I have no idea where to go with this really.
Thanks
Lizzie
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- Gordon
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9 months 2 weeks ago #286873 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Cannot pay ESA
K
It is not enough to have worked for at least six months in either of the two Tax Years, she needs to have paid Class 1 NI Contributions, there are two limits for National Insurance; the Lower Earnings Limit (LEL) and the Primary Threshold (PT).
Below the LEL (£123/week for 2022) no NI is collected above the LEL and below the PT (£242 for 2022) Class NI Credits are paid and above the PT Class 1 NI Contributions are paid. Also, If she worked multiple jobs, the LEL and PT apply to each job individually, even if her total wages exceed the PT she will not receive Contributions unless one of the jobs also exceeds the PT (hope that makes sense).
So, your wife would have had to earn more than £242/week to have collected the necessary NI Contributions.
The Tax Years for the calculations of the two Contribution Conditions are set by the Benefit Year, this is defined as starting on the first Monday in the calendar year, the Tax Years are the two full Years preceding the Benefit Year.
The Benefit Year for 2024 started on Monday 8 January and the Tax Years changed to 2021-22 and 2022-23.
The Tax Year starting in April 2023 will not be looked at until the beginning of 2025.
If your wife has the necessary Contributions in the Tax Year 2022-23 then she can ask the DWP to look at her claim again based on the new Tax Years.
Gordon
It is not enough to have worked for at least six months in either of the two Tax Years, she needs to have paid Class 1 NI Contributions, there are two limits for National Insurance; the Lower Earnings Limit (LEL) and the Primary Threshold (PT).
Below the LEL (£123/week for 2022) no NI is collected above the LEL and below the PT (£242 for 2022) Class NI Credits are paid and above the PT Class 1 NI Contributions are paid. Also, If she worked multiple jobs, the LEL and PT apply to each job individually, even if her total wages exceed the PT she will not receive Contributions unless one of the jobs also exceeds the PT (hope that makes sense).
So, your wife would have had to earn more than £242/week to have collected the necessary NI Contributions.
The Tax Years for the calculations of the two Contribution Conditions are set by the Benefit Year, this is defined as starting on the first Monday in the calendar year, the Tax Years are the two full Years preceding the Benefit Year.
The Benefit Year for 2024 started on Monday 8 January and the Tax Years changed to 2021-22 and 2022-23.
The Tax Year starting in April 2023 will not be looked at until the beginning of 2025.
If your wife has the necessary Contributions in the Tax Year 2022-23 then she can ask the DWP to look at her claim again based on the new Tax Years.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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