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Not qualifying for ESA due to the year 2020
- Olive
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2 years 5 months ago #272890 by Olive
Not qualifying for ESA due to the year 2020 was created by Olive
Hi,
Can anyone help with my this problem. I haven't claimed ESA before so don't know much about it. There are 2 parts to my question:
Part 1)
I have been signed off work by my GP since March and applied for New style ESA.
I've been denied any payment due to not having enough NI contributions for the year 2020. This is because I only got 80% furlough - which put me under the LEL level and thus received no NI credits. If I had received 100% furlough - I would have been over the LEL level - would I have received NI credits on furloughed wages? And if so, does a full year of NI credits count, when claiming ESA?
Part 2)
Is it unfair for the DWP to use the year 2020 to base ESA entitlement on. A lot of people weren't allowed to work, due to covid 19 and some were only given 80% furlough - which could put workers on low earnings at a disadvantage (if we ended up going under the LEL level). Should the year 2020 not be used when deciding on an ESA claim. Maybe an earlier year (2018) could be used instead?
I have written to them asking them to reconsider their decision, but they have still refused to pay me any benefit money. I cannot claim Income related ESA either.
Has anybody else had the same problem as this?
Thank you
Can anyone help with my this problem. I haven't claimed ESA before so don't know much about it. There are 2 parts to my question:
Part 1)
I have been signed off work by my GP since March and applied for New style ESA.
I've been denied any payment due to not having enough NI contributions for the year 2020. This is because I only got 80% furlough - which put me under the LEL level and thus received no NI credits. If I had received 100% furlough - I would have been over the LEL level - would I have received NI credits on furloughed wages? And if so, does a full year of NI credits count, when claiming ESA?
Part 2)
Is it unfair for the DWP to use the year 2020 to base ESA entitlement on. A lot of people weren't allowed to work, due to covid 19 and some were only given 80% furlough - which could put workers on low earnings at a disadvantage (if we ended up going under the LEL level). Should the year 2020 not be used when deciding on an ESA claim. Maybe an earlier year (2018) could be used instead?
I have written to them asking them to reconsider their decision, but they have still refused to pay me any benefit money. I cannot claim Income related ESA either.
Has anybody else had the same problem as this?
Thank you
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- Gary
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2 years 5 months ago #272974 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Not qualifying for ESA due to the year 2020
Hi Olive
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum
New Style ESA is a Contribution Based benefit and is not means tested with the exception of pension income which can reduce the amount that you receive.
The Income Related benefit that goes with NS ESA is Universal Credit.
There are two national insurance (NI) contribution conditions, both of which you must met be entitled to ’New Style’ ESA. The first condition depends on your NI contributions that you have actually paid the relevant tax year. (if you make your ESA claim in the 2022 benefit year, you need to have paid 26 weeks contributions in one of the following tax years: 2019/20 or 2020/2021) there are exceptions.
For the second condition, credited NI contributions, as well as paid NI contributions count. In both cases, there is a relationship between ’tax years’ and ‘benefit years’, so it is important to know the difference.
NS ESA is a contributory benefit, not a means tested one. You would be making a claim on the basis that you are not fit for work so you will need to provide a Fit Note from your GP.
However, I would recommend that you put your information into one of the online benefit calculators before you make any claim, you may find that you would receive more money making a claim for Universal Credit.
www.gov.uk/benefits-calculators
Gary
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum
New Style ESA is a Contribution Based benefit and is not means tested with the exception of pension income which can reduce the amount that you receive.
The Income Related benefit that goes with NS ESA is Universal Credit.
There are two national insurance (NI) contribution conditions, both of which you must met be entitled to ’New Style’ ESA. The first condition depends on your NI contributions that you have actually paid the relevant tax year. (if you make your ESA claim in the 2022 benefit year, you need to have paid 26 weeks contributions in one of the following tax years: 2019/20 or 2020/2021) there are exceptions.
For the second condition, credited NI contributions, as well as paid NI contributions count. In both cases, there is a relationship between ’tax years’ and ‘benefit years’, so it is important to know the difference.
NS ESA is a contributory benefit, not a means tested one. You would be making a claim on the basis that you are not fit for work so you will need to provide a Fit Note from your GP.
However, I would recommend that you put your information into one of the online benefit calculators before you make any claim, you may find that you would receive more money making a claim for Universal Credit.
www.gov.uk/benefits-calculators
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Olive
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2 years 5 months ago #273077 by Olive
Replied by Olive on topic Not qualifying for ESA due to the year 2020
Ok thank you Gary
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