ESA and NI Contributions

[Caladave]

I retired on ill health in July 2009 and had my one and only meeting with an employee of the DWP. I was told because I had received a lump sum and a weekly pension I could not claim anything at all. I asked if I had to purchase NI stamps and was told no because I had 39 years of paid NI contributions so that would be a complete waste as it was reducing to 30 years anyway so no point in doing anything.
For the last two years I have lived off my private pension and my savings. I filled a form in last week on Dir Gov site and it said I was eligible to Contribution Rate ESA. I phoned them up on Monday and after going through 45 minutes of questions I was told I was eligible as I had full contributions paid and as long as I could get a statement of fitness to work from my GP. Saw the GP in the afternoon who filled out the above saying I am not fit to work and made it out for 6 months and then said I would have to collect another from him.
Today I received a letter from the benefits office (as well as one from Atos) saying I could not claim ESA as I had not paid any contributions for year ending Mar 2009 or 2010 despite being told on Monday that I had full contributions so was eligible.
I have just spoken to the benefits office and told them that I paid £3000 NI contributions for year ending Mar 2009 but retired 4 months later on ill health so did not pay any from July 2010. They said that despite the fact I have 39 years of contributions I am not eligible for ESA because you have to have full stamps for both the said years.
It does seem to be a mockery and so unfair when you have paid for 39 years and then told because you have not paid the last year, due to being retired on ill health and unable to work that you can no longer claim. I am also annoyed that as I said, two years ago when I retired I was told there was no point in getting NI stamps as I had got the full amount.
Its bad enough being unable to work anymore due to my disability but it just seems they think everyone is a scrounger and do their best to stop you receiving anything after all those years.

[Caladave]

I should perhaps have pointed out that I do receive the higher rate of the mobility component of DLA and have done for about 10 years now although I know this makes no difference to the claim for ESA.

[MUD]

I cannot advise but I sympathise with you

after paying your taxes and NI contributions 39 years for them to say you are not entitled to benefits is wrong,
why should it matter if you have a private pension you paid for that as you did your NI contributions for benefits if needed,

I have paid 40years contributions and taxes, so will I get more state pension than someoe who has paid only 30 years, when I reach retirement age (65) in 3 years time, I doubt it

crazy, crazy, does any one know what they, the goverment including themselves are doing, because it sure isn't fair

[Caladave]

It is not the fact that I have a private pension that they have stopped the claim, it is the fact that I did not pay NI contributions last year after being retired through ill health although I have paid 39 years of contributions before that. I was advised not to sign on in order to get more stamps or to purchase them as I had gone past the 30 year limit which is all that is needed. That may be the case to be entitled to full state pension when reaching that age but as I have found out to my detriment, it has now stopped me getting ESA due to not paying last year.

[MUD]

was told because I had received a lump sum and a weekly pension I could not claim anything at all
.......
sorry my bad
maybe I undersyood that wrong

in my opinion they should pay you, 39 years should be enough even though you did not pay the last 2 years

Question , why do they say you can claim now but you could not claim 2 years ago ?

[pam s]

I am sorry to hear about the trouble you are having Caladave,It might be worth ringing your local Jobcentre plus office and asking them if you paid the outstanding year that is needed for ESA [contributions] would you then be-able to claim ESA when i worked for the DWP if customers were short on contributions they could pay upto 6 years worth to help get a better state pension.You have to weigh up whether it would be worth paying the money out ie would you get the return on it

Have you any written evidence from the DWP to say you need not pay anymore contributions unfortunately if they have only mentioned you have enough for full state pension you might not be-able to complain[if you wanted to] as they couldargue the case at the time you were only concerned about your state pension even though you did n't know about claiming any other benefits.! good luck.

[Carneucopia]

What pam says about paying the missing years contribution is worth looking into, although I'm doubtful the DWP would accept retrospective payments in order to make a claim? In any case it now costs about £700 to buy one years' contributions and won't (from what you have been told) make any difference to your State Pension.
The fault seems to have been with the advice given in 2009. True enough, you wouldn't have got ESA on the basis of other income at the time. But you should have been advised that you could claim ESA anyway - as an 'underlying entitlement' in order to mainatain your contribution record.
It's no excuse - but at that time of the changeover from IB to ESA there was a hell of a lot of confusion generally amongst DWP staff.

But the rule about 2 full income tax years' contributions is nothing new at all. It has applied for many years to other benefits such as JSA, and even before that to UB. All 'contribution based' benefits require contributions to have been made and the rule states 'for the last two full income tax years.'