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Contributions Based ESA

  • caz72
  • Topic Author
12 years 6 months ago #70500 by caz72
Contributions Based ESA was created by caz72
This doesn't apply to me but interests me. If someone that has Contributions Based ESA come to an end under the 12 month rule, were to go back to work and start paying NI contributions again. How long would it be before they became entitled to Contributions Based again for another 12 months ?

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12 years 6 months ago #70502 by Gordon
Replied by Gordon on topic Re:Contributions Based ESA
caz72 wrote:

This doesn't apply to me but interests me. If someone that has Contributions Based ESA come to an end under the 12 month rule, were to go back to work and start paying NI contributions again. How long would it be before they became entitled to Contributions Based again for another 12 months ?

Based on my understanding of the Welfare Reform Bill, you will require two years of qualifying NI credits to be eligible for ESA(CB) again, one year of which must be newer than the ones used to qualify previously.

What this means in practice, will be dependant on when a claimants ESA(CB) ends, qualifying years run Jan-Dec, their income and consequently how many credits are earned, and their NI history over the previous two years.

Gordon

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

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  • asdman
12 years 6 months ago #70551 by asdman
Replied by asdman on topic Re:Contributions Based ESA
Am I right in thinking that the second contribution condition can be satisfied by having 50 credited contributions in each of the two previous tax years. If so, do the credits you receive whilst on ESA count towards this second qualifying condition? I'm really confused by this!

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12 years 6 months ago #70561 by lindat
Replied by lindat on topic Re:Contributions Based ESA
me too :side: :blink: I got IB in the first place after a few months of just credits from them that made up to the required amount... so? :huh:

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12 years 6 months ago #70567 by Gordon
Replied by Gordon on topic Re:Contributions Based ESA
The Contributory conditions for ESA are explained in their usual eloquent way in chapter 41 of the Decision Makers Guide, paragraph 41022 onwards.

www.dwp.gov.uk/docs/dmgch41.pdf

The particular paragraph of interest is 41024.2 which says

“class 1 NI contributions” and “class 2 NI contributions” are the NI contributions paid by employed earners and S/E earners respectively

So although Class 1 credits are paid while you are receipt of IB and ESA(CB), and some other benefits such as Carers Allowance, they only count towards your State Pension and not your entitlement to ESA(CB).

Hope this explains it.

Gordon

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

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  • asdman
12 years 6 months ago #70635 by asdman
Replied by asdman on topic Re:Contributions Based ESA
Thanks for the link, Gordon

I'm still not totally getting it though

41033 The second contribution condition is satisfied if
1. in the last two complete relevant income tax years before the beginning of the relevant benefit year the claimant has
1.1 paid or been credited with class 1 or class 2 NI contributions or


It's the "or been credited with class 1 contributions" bit that's confusing me. When you're on ESA you are credited with class 1 contributions. Are these credits different to the ones referred to in the DMG above?

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