Results 1 to 3 of 3

Thread: New style esa claim refused

  1. #1

    New style esa claim refused

    Hi all. Wondering if anyone could shed some light or give some advice on this.
    My partner has recently applied for ESA (Universal credit) she has worked full time all of her life and paid tax and insurance. She claim was taken over the phone and she also had to go to a job centre to complete it at an appointment. A few weeks went by and she received a letter saying that unfortunately the DWP cold not pay her ESA as she has not paid enough income tax? She rang the DWP and told them she has always paid tax/ins, they told her to call the income tax office which she has, they have told her that she has paid full income tax apart from the year 17/18 when she worked part time but her contributions are full and that it shouldn't affect a benefit claim. So yesterday she was back on to the DWP and told them the above, they said that a decision will be made in the next 10 days. Well a few hours later the DWP called her to say that they are sticking to the decision not to pay ESA even though she has full contributions and that it is the LAW to only use the years that they have selected to use where she was only working part time?
    Is this correct? To me it seems that they are using the only year in her life where she worked part time and paid lower contributions and have not taken into account that she has paid full contributions for the 25ish years that she has been in full time employment.

    Any help or advice on this would be appreciated.

    Thanks.
    Last edited by wowmee; 05-22-2019 at 08:42 AM.

  2. #2
    Unfortunately, the qualifying years of NI contributions relevant for claiming benefit are the last 2 complete tax years. If insufficient contributions were made in those specific years then the decision is correct - the other years prior to that do not count.

  3. #3
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    7,813
    Firstly to say that entitlement to CB benefits such as New Style ESA is not about tax paid, it's about National Insurance contributions paid (and/or credited).

    The law says that entitlement to CB benefits depend on your NI contributions/credits in the last 2 full tax years previous to the current benefit year.

    Which gets a bit complicated because the Tax year and the Benefit year are not the same.
    The benefit year runs from January to January.
    The Tax year runs from April to April.

    The current benefit year started in January 2019.
    Although the last 2 Full Tax years were 2017/8 and 2018/9, the last 2 full tax years before the current benefit year were 2016/7 and 2017/8.

    So it's the NI contributions made in 2016/7 and 2017/8 that count for a new claim made now.

    For those 2 years you need to have paid, or been credited with, Class 1 or Class 2 NI contributions to the value of 50 times the lower earnings limit - 26 of these contributions must have been actually paid, not credited.
    (There are a few exceptions but they don't seem to apply here).

    The lower earnings limit for the 2017/2018 tax year was £112 per week.
    The lower earnings limit for the 2017/2018 tax year was £113 per week.

    If your partner was earning less that those amounts then she would not have paid any NI contributions for those weeks.

    You need to work out if in the years 2016/7 and 2017/8 - firstly if she actually paid 26 Class 1 or class 2 NI contibutions, and then if she paid/was credited another 24 to bring the total to 50.

    If you believe that she does indeed qualify then you can appeal the DWP's decision.
    You have to ask for a Mandatory Reconsideration before appealing to the tribunal.

    I'm not sure if your previous request to look at it again will be considered a MR, did they say they would send another letter with the 'new', unchanged, decision?
    If not then once you have the figures on her NI contributions in those years noted down it may be worth ringing again and asking clearly for a 'Mandatory Reconsideration' giving the dates/NI paid.

    You might want to get a local advisor to look at your paperwork and help you appeal.
    You can find one by putting your postcode in this webpage:
    https://advicelocal.uk/find-an-adviser

    For completeness you can request a written statement of NI contributions made (for your evidence if needed).

    Go to this webpage, and ignore the big green 'Start Now' button. (You need a Government Gateway account to do it that way).
    https://www.gov.uk/check-national-insurance-record
    Instead scroll down the page to where it says 'Other ways to apply' and click on the 'Online' link.
    This brings up a fairly simple form to fill in and submit.
    They will send an email by reply telling you that they have received it, will check and process your request, and will send a statement by post.
    Last edited by nukecad; 05-22-2019 at 10:12 AM.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

Similar Threads

  1. New style ESA claim
    By ethanamongstfriens in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 4
    Last Post: 03-07-2019, 01:09 PM
  2. How far into my new style ESA claim do I need to be to qualify for NHS dentristy?
    By SolidResolve in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 5
    Last Post: 06-20-2018, 07:46 PM
  3. DLA stopped PIP claim refused
    By Starman in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 8
    Last Post: 02-14-2018, 12:36 PM
  4. Depression and severe OCD, refused P.I.P claim, need help please
    By 741tan in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 6
    Last Post: 09-15-2015, 09:39 AM
  5. Refused Mobility on DLA claim! Confused.....
    By John77 in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 6
    Last Post: 05-13-2013, 09:18 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •