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New Style ESA - not eligible despite unbroken NI?

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3 years 1 month ago #267340 by Aly
I applied for New Style ESA two weeks ago. I have an unbroken NI record (I checked it online). The only gap is for this tax year (2021-22), where it says 'your record is not available yet', I assume because I am self-employed so obviously haven't done my tax return yet.

However, I rang ESA today as I had not received any response to my claim. They told me I was not eligible for ESA because I hadn't made enough NI contributions. For some reason they failed to send me a letter about this.

I am awaiting a callback from them to explain their decision but I honestly can't work out how they could have have reached it. Has anyone else come across this?

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3 years 1 month ago #267365 by Gary
Hi Aly

New Style ESA is a contributory benefit. Normally, this means you may be able to get it if you’ve paid or been credited with enough National Insurance contributions in the 2 full tax years before the year you’re claiming in. www.gov.uk/guidance/new-style-employment-and-support-allowance

Eligibility

To get New Style ESA you’ll need to have been an employee or self-employed and paid (or been credited with) National Insurance contributions, usually in the last 2 to 3 years.
www.gov.uk/national-insurance

Gary

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3 years 1 month ago #267370 by traceytracey
Replied by traceytracey on topic New Style ESA - not eligible despite unbroken NI?
Hi Aly,

I may be wrong but maybe it depends on what class of NI you pay, I think New style ESA is when you have paid class 1 or class 2, you would need to check this I believe if self employed you can pay lower rate of class 4?, I just thought I remembered reading it somewhere? and obviously have paid it for the 2 full tax years.

Good luck
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3 years 1 month ago #267381 by Gary
Hi traceytracey

You are correct.

Gary

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3 years 1 month ago #267383 by Gordon
Aly

The two Tax Years which will be used are 2019-2020 and 2020-2021, this changed at the beginning of the year. If your claim was made before 3 January 2022 then it will be 2018-19 and 2019-2020.

You need a minimum of 26 weeks of NI Contributions in either of the two years and a minimum of 50 weeks of NI Contributions or Credits in both of the Tax Years.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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3 years 1 month ago #267389 by Aly
Ah OK. That's a worry. The weird thing is that I actually applied for NS ESA about 18 months ago and was given it. I ended up cancelling the claim because I was very unwell and couldn't deal with the process, though. Thank you for the info, I will check my tax return.

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