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ESA cont based
- lorrainevb
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1 week 3 days ago #297683 by lorrainevb
ESA cont based was created by lorrainevb
Hi can someone please tell me if 4 years carer allowance credits 2020-24 would entitle you to ESA cont based now. I get ESA myself based on previous carers allowance credits but DWP are saying for my daughter’s new claim she has to have worked? Did I receive it because I have worked and paid full insurance from 1980-2009 even though I qualified on tax years 21/22 and 22/23 for cont based ESA. All I had for those years was carers allowance credits. They left a message stating a rule for checking conts back to 1978 and she doesn’t have any. They first refused the claim on contributions then allowed it for the contributions but said she did not qualify as she is a student. Now they have decided she can’t have it due to the conts. I even contacted Scope who think she does qualify. I need someone to look up the rules. Thanks
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1 week 3 days ago #297684 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic ESA cont based
Hi lorrainevb,
Unfortunately there is a lot of incorrect information online regarding the necessity of having done some work to qualify for New Style ESA. This is not the case as the ESA reg.9 states there is a Relaxation of the First Contribution Condition.
www.legislation.gov.uk/uksi/2013/379/regulation/9/made
"was entitled to a carer’s allowance in the last complete tax year immediately preceding the relevant benefit year" .
......and
"Relaxation of the frst contribution condition
41032 [See DMG memo 12/23] The frst contribution condition is taken to be satisfed1
if
1. the claimant has paid Class 1 or 2 contributions for any one tax year before the relevant beneft week2
and
2. the claimant has
2.1 earnings at the LEL in that tax year on which Class 1 contributions have been paid or treated as
paid which in total, and disregarding any earnings which exceed the LEL for that year, are not less
than the LEL multiplied by 263 or
2.2 earnings factors in that tax year derived from Class 2 contributions multiplied by 264 and
3. the claimant
3.1 was entitled to CA in the last complete tax year immediately before the relevant beneft year in
which the frst day of LCW occurred5 "
assets.publishing.service.gov.uk/media/6...db/dmg-vol8-ch41.pdf
So I would phone ESA again and quote the passage above and the page no. 12 of DMG Chapter 41: ESA - conditions of entitlement.
David
Unfortunately there is a lot of incorrect information online regarding the necessity of having done some work to qualify for New Style ESA. This is not the case as the ESA reg.9 states there is a Relaxation of the First Contribution Condition.
www.legislation.gov.uk/uksi/2013/379/regulation/9/made
"was entitled to a carer’s allowance in the last complete tax year immediately preceding the relevant benefit year" .
......and
"Relaxation of the frst contribution condition
41032 [See DMG memo 12/23] The frst contribution condition is taken to be satisfed1
if
1. the claimant has paid Class 1 or 2 contributions for any one tax year before the relevant beneft week2
and
2. the claimant has
2.1 earnings at the LEL in that tax year on which Class 1 contributions have been paid or treated as
paid which in total, and disregarding any earnings which exceed the LEL for that year, are not less
than the LEL multiplied by 263 or
2.2 earnings factors in that tax year derived from Class 2 contributions multiplied by 264 and
3. the claimant
3.1 was entitled to CA in the last complete tax year immediately before the relevant beneft year in
which the frst day of LCW occurred5 "
assets.publishing.service.gov.uk/media/6...db/dmg-vol8-ch41.pdf
So I would phone ESA again and quote the passage above and the page no. 12 of DMG Chapter 41: ESA - conditions of entitlement.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: bahern
- lorrainevb
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1 week 3 days ago #297697 by lorrainevb
Replied by lorrainevb on topic ESA cont based
lSorry David does she qualify ? Can you give me it in simple terms please and what qualifying conditions does she meet. DWP insist she needs to have worked as well as having Carer credits
- David
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1 week 3 days ago #297698 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic ESA cont based
Hi lorrainevb,
As I have previously indicated the answer is yes but that isn't sufficient for the DWP telephony agent. The DMG stands for Guide for Decision Makers and is written by the DWP. So you need to quote the passage that she "3.1 was entitled to Carer's Allowance in the last complete tax year immediately before the relevant beneft year in
which the first day of LCW occurred"
DWP Benefit years start from the first Sunday in January and HMRC Tax years start on the 5 April. If she was in receipt of Carer's Allowance for 4 years continuously prior to being awarded LCW then she will qualify.
It must though be Carer's Allowance not just the Carer's Credit. She would have been given a Class I NI credit for the Carer's Allowance during the 4 years.
If the phone agent says they cannot verify whether there was a Credit added to her NI account. Then they need to check on their IT system called CIS Searchlight which will confirm how many years she received Carer's Allowance.
David
As I have previously indicated the answer is yes but that isn't sufficient for the DWP telephony agent. The DMG stands for Guide for Decision Makers and is written by the DWP. So you need to quote the passage that she "3.1 was entitled to Carer's Allowance in the last complete tax year immediately before the relevant beneft year in
which the first day of LCW occurred"
DWP Benefit years start from the first Sunday in January and HMRC Tax years start on the 5 April. If she was in receipt of Carer's Allowance for 4 years continuously prior to being awarded LCW then she will qualify.
It must though be Carer's Allowance not just the Carer's Credit. She would have been given a Class I NI credit for the Carer's Allowance during the 4 years.
If the phone agent says they cannot verify whether there was a Credit added to her NI account. Then they need to check on their IT system called CIS Searchlight which will confirm how many years she received Carer's Allowance.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
- lorrainevb
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1 week 2 days ago #297703 by lorrainevb
Replied by lorrainevb on topic ESA cont based
Many thanks DavidI will try again it’s unacceptable that the prople making the decisions don’t know the rules. I have put two claims in and asked for a re consideration and the claim was refused and closed
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1 week 2 days ago #297704 by lorrainevb
Replied by lorrainevb on topic ESA cont based
Sorry one more question she was awarded LCW in 2020 and carers Allowance at the same time does she still meet criteria I am having trouble understanding the passage which says must meet criteria for credits before LCW started,
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