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ESA NICB Query
- Billy
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11 years 2 weeks ago - 11 years 2 weeks ago #101832 by Billy
Replied by Billy on topic ESA NICB Query
Thanks for the advice, but can I give you another scenario.
I worked in full time employment from 16 years of age until I was 40 had an accident at work and since then I have been on incapacity benefit for 10 years, my wife is in full time employmenet, so I take it I will not be eligble for IR ESA.
I have been put on WRAG and I use up the 365 days.
1/ Will I be able to claim for any Benefits.
I worked in full time employment from 16 years of age until I was 40 had an accident at work and since then I have been on incapacity benefit for 10 years, my wife is in full time employmenet, so I take it I will not be eligble for IR ESA.
I have been put on WRAG and I use up the 365 days.
1/ Will I be able to claim for any Benefits.
Last edit: 11 years 2 weeks ago by Gordon.
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11 years 2 weeks ago #101838 by Gordon
If your wife is working more than 24 hours per week then you will not be eligible for ESA(IR).
As you were on IB you will not have any NI Contributions (IB pays NI Credits), during the required Tax years to qualify for JSA(CB).
The rules for JSA(IR) are substantially the same as those for ESA(IR).
Most other benefits, e.g. Housing Benefit, what used to be Council Tax Benefit, are affected by income, unless you as a couple qualify for a Premium, which you do not appear to, then it is based on 16 hours at NMW.
As always, we are limited in the advice we can give in regard to a members financial situation, you should get face to face advice (if there is anyone still available), failing that some of the online calculators are quite accurate, Turn2Us.org has a good reputation.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA NICB Query
Bud wrote: Thanks for the advice, but can I give you another scenario.
I worked in full time employment from 16 years of age until I was 40 had an accident at work and since then I have been on incapacity benefit for 10 years, my wife is in full time employmenet, so I take it I will not be eligble for IR ESA.
I have been put on WRAG and I use up the 365 days.
1/ Will I be able to claim for any Benefits.
If your wife is working more than 24 hours per week then you will not be eligible for ESA(IR).
As you were on IB you will not have any NI Contributions (IB pays NI Credits), during the required Tax years to qualify for JSA(CB).
The rules for JSA(IR) are substantially the same as those for ESA(IR).
Most other benefits, e.g. Housing Benefit, what used to be Council Tax Benefit, are affected by income, unless you as a couple qualify for a Premium, which you do not appear to, then it is based on 16 hours at NMW.
As always, we are limited in the advice we can give in regard to a members financial situation, you should get face to face advice (if there is anyone still available), failing that some of the online calculators are quite accurate, Turn2Us.org has a good reputation.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- bro58
11 years 2 weeks ago #101839 by bro58
Replied by bro58 on topic ESA NICB Query
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11 years 2 weeks ago - 11 years 2 weeks ago #101841 by Billy
Replied by Billy on topic ESA NICB Query
Thanks
Is esa not a continuation of your incapacity benefit, If this is the case, does the years I was working before I went on to IB not count as contributions
Is esa not a continuation of your incapacity benefit, If this is the case, does the years I was working before I went on to IB not count as contributions
Last edit: 11 years 2 weeks ago by bro58.
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- bro58
11 years 2 weeks ago #101844 by bro58
No B,
Where as with IB, payment had no time limit on it, as long as you had the necessary NI Contributions from employment when your IB claim began, ESA has a 365 day entitlement rule for payment of CB ESA.
12 Month Limit for ESA(CB)
As Gordon has said, you would need to gain the necessary NI Contributions from employment to again be entitled to CB Benefits. You only receive NI Credits whilst in receipt of IB or ESA.
Of course, if you can manage to be placed into The SG at some future reassessment or review, payment of CB ESA would be reinstated and remain in payment for as long as you remain in The SG.
bro58
Replied by bro58 on topic ESA NICB Query
Bud wrote: Thanks
Is esa not a continuation of your incapacity benefit, If this is the case, does the years I was working before I went on to IB not count as contributions
No B,
Where as with IB, payment had no time limit on it, as long as you had the necessary NI Contributions from employment when your IB claim began, ESA has a 365 day entitlement rule for payment of CB ESA.
12 Month Limit for ESA(CB)
As Gordon has said, you would need to gain the necessary NI Contributions from employment to again be entitled to CB Benefits. You only receive NI Credits whilst in receipt of IB or ESA.
Of course, if you can manage to be placed into The SG at some future reassessment or review, payment of CB ESA would be reinstated and remain in payment for as long as you remain in The SG.
bro58
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11 years 2 weeks ago #101845 by Gordon
Your ESA claim was counted as a continuation of your IB claim, so you were not required to re-qualify under the Contribution rules, however, a claim for JSA will be treated as new and will require you to have NI Contributions in the tax years 2010-11 and 2011-12, which you will not have as you were not working or in registered self-employment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA NICB Query
Bud wrote: Thanks
Is esa not a continuation of your incapacity benefit, If this is the case, does the years I was working before I went on to IB not count as contributions
Your ESA claim was counted as a continuation of your IB claim, so you were not required to re-qualify under the Contribution rules, however, a claim for JSA will be treated as new and will require you to have NI Contributions in the tax years 2010-11 and 2011-12, which you will not have as you were not working or in registered self-employment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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