Is there any benefit I am entitled to ?

stay_positive

I've just had womb cancer and a hysterectomy , I get no benefits and do not work. I am waiting to hear from PIP , I was a carer claiming carers allowance until May 2021 , I understand that I got Class 1NIC for each week I received carers allowance. 
I do not qualify for UN credit new style ESA as I haven't contributed to receive it .
I was just wondering if there is anything I can claim using the Class 1NIC ?
If anyone knows I would be grateful , thank you .

chiarieds

Hi @stay_positive - I hope you are recovering well from your hysterectomy. My understanding is that the class 1 NI credits you received whilst you claimed Carers Allowance will count towards your future State Pension.

I note you mentioned elsewhere that your husband is claiming WTC, & is self-employed, but his business has suffered due to Covid-19 & your health problems, & is now failing.

Hoping another member may be able to help.

poppy123456

You mention that you're not claiming any benefits in this thread but on another thread you mentioned claiming WTC. If this is correct then you will be claiming this as a couple with your husband.

Claiming New style ESA is based on your NI contributions in tax years 2020/21 and 2021/22.

You qualify for New style ESA if you have paid sufficient National Insurance contributions. There are two contribution conditions you must meet:

• First contribution condition - in one of the last two complete tax years, you must have paid Class 1 or 2 contributions on relevant earnings at the lower earnings limit for at least 26 weeks. This means you must have worked for at least 26 weeks of the last two complete tax years; and
• Second contribution condition - in both of the last two complete tax years, you must have paid or been credited with, Class 1 or 2 contributions to the value of 50 times the lower earnings limit.

there are situations where the first contribution condition can be relaxed for certain groups of ESA claimants meaning that these specific groups can use National Insurance contributions paid in any tax year to satisfy the first contribution condition. This could apply to you if: you have worked in any tax year and paid NI contributions. AND

you were entitled to Carer's Allowance in the last complete tax year immediately before the benefit year in which your Limited Capability for Work began.

However because your carers allowance ended in May 2021 i'm unsure whether you would be entitled to New style ESA now. Hopefully someone else will know the answer and be able to help you further.

https://www.entitledto.co.uk/help/employment-and-support-allowance-contribution-based

Edit to add, you can use a benefits calculator to check entitlement to Universal Credit. However, you will need to claim this with your husband. If you claim then your WTC will end and you can't ever go back. https://www.entitledto.co.uk/benefits-calculator

You can report your health condition when you claim, supported by a fit note from your GP. You will then go through the work capability assessment. I note in another thread you mentioned having cancer. If you're currently going through treatment, or expecting treatment within the next 6 month or recovering from treatment such as chemo or radio therapy then you will automatically qualify for LCWRA. You will then be entitled to extra money from the 4th month of your claim.

If you're awarded daily living PIP once your decision is made then your husband can claim carers element of UC, if they look after you for at least 35 hours per week. This means they will have no work commiments.

There's an awful lot to take in here and i hope i haven't confused you. You can also get a full benefits check from an agency near you.

stay_positive

poppy123456 said:

You mention that you're not claiming any benefits in this thread but on another thread you mentioned claiming WTC. If this is correct then you will be claiming this as a couple with your husband.

Claiming New style ESA is based on your NI contributions in tax years 2020/21 and 2021/22.

You qualify for New style ESA if you have paid sufficient National Insurance contributions. There are two contribution conditions you must meet:

• First contribution condition - in one of the last two complete tax years, you must have paid Class 1 or 2 contributions on relevant earnings at the lower earnings limit for at least 26 weeks. This means you must have worked for at least 26 weeks of the last two complete tax years; and
• Second contribution condition - in both of the last two complete tax years, you must have paid or been credited with, Class 1 or 2 contributions to the value of 50 times the lower earnings limit.

there are situations where the first contribution condition can be relaxed for certain groups of ESA claimants meaning that these specific groups can use National Insurance contributions paid in any tax year to satisfy the first contribution condition. This could apply to you if: you have worked in any tax year and paid NI contributions. AND

you were entitled to Carer's Allowance in the last complete tax year immediately before the benefit year in which your Limited Capability for Work began.

However because your carers allowance ended in May 2021 i'm unsure whether you would be entitled to New style ESA now. Hopefully someone else will know the answer and be able to help you further.

https://www.entitledto.co.uk/help/employment-and-support-allowance-contribution-based

Edit to add, you can use a benefits calculator to check entitlement to Universal Credit. However, you will need to claim this with your husband. If you claim then your WTC will end and you can't ever go back. https://www.entitledto.co.uk/benefits-calculator

You can report your health condition when you claim, supported by a fit note from your GP. You will then go through the work capability assessment. I note in another thread you mentioned having cancer. If you're currently going through treatment, or expecting treatment within the next 6 month or recovering from treatment such as chemo or radio therapy then you will automatically qualify for LCWRA. You will then be entitled to extra money from the 4th month of your claim.

If you're awarded daily living PIP once your decision is made then your husband can claim carers element of UC, if they look after you for at least 35 hours per week. This means they will have no work commitments.

There's an awful lot to take in here and i hope i haven't confused you. You can also get a full benefits check from an agency near you.

Hi, I did mention about wtc, but I don't claim it and so I thought it wasn't my benefit. I am not receiving any chemo or radiotherapy, but do have check ups every three months and will be for the next five years . I will have a look on the entitledto site see what happens .
Thank you for your information I do appreciate it .

poppy123456

As you live with your husband and he's claiming WTC then you will be too because he wouldn't be able to claim as a single person, you will be claiming as a couple.

calcotti

Although should obtain a State Pension forecast to find out whether you need more NI credits in order to qualify for full State Pension in the future. 

Even though you will not qualify for ESA payments you can still apply for new style ESA. You will then get NI credits from ESA.

As indicated by poppy you should only consider UC after doing a joint benefit to see if UC is worth than the Tax Credits to you both. (Even if UC not claimed now husband’s Tax Credits are likely to be closed by the end of 2024 and UC will be offered as possible at that time.)

poppy123456

Thanks calcotti for confirming there would be no entitlement to payments for ESA, i thought that but didn't want to commitment to saying no incase i was wrong.

calcotti

poppy123456 said:

Thanks calcotti for confirming there would be no entitlement to payments for ESA, i thought that but didn't want to commitment to saying no incase i was wrong.

Correct, based on the OP not having any NI credits since May 2021 no ESA would be eligible for payment. Had they been getting CA up to March 2022 they would have been able to qualify for ESA based on the NI credits from CA and then satisfied NI contributions from work at any time in her life (not just from the two relevant years).

stay_positive

I'm so confused by it all , still really stressed and anxious from my diagnosis and surgery , added to this the waiting for PIP, I applied Dec 15 2022 by phone and the form didn't turn up so my husband phoned and they sent another one out , they both turned up on the same day , and I got a text from PIP saying they had received my form 30Jam2023, but on when my husband called they said any claim would be from the day i applied which was 15Dec2022. My husband is going to close the business if I get PIP and claim UC because then he can help me recover he has to take time off because some days I am very ill with my anxiety .Even if I don't get  PIP he is closing the business and claiming UC and I will send a RC in, if that fails MacMillan guy who helped me fill the form in said he will happily take it to tribunal for me . Since last August when I got ill with the endometrial cancer , all its been is waiting for this waiting for that , first the scans then the tests then the results , and PIP is so stressful . I know I am not the only one we are all having to go through the process with benefits, its just the added stress on top of what I have been through . Bills don't scare me , but we all need money to live and right now we need some lol .
Thank all who have replied to me I do appreciate it .

poppy123456

If you apply for UC you will need to claim as a couple. You need to make sure you report your health condition, supported by a fit note within 7 days of that. You must continue to send fit notes without any gaps until a decision is made on your work capability assessment.

There's some information here about UC with a health condition. https://www.gov.uk/government/publications/universal-credit-if-you-have-a-disability-or-health-condition-quick-guide/universal-credit-if-you-have-a-disability-or-health-condition

stay_positive

poppy123456 said:

If you apply for UC you will need to claim as a couple. You need to make sure you report your health condition, supported by a fit note within 7 days of that. You must continue to send fit notes without any gaps until a decision is made on your work capability assessment.

There's some information here about UC with a health condition. https://www.gov.uk/government/publications/universal-credit-if-you-have-a-disability-or-health-condition-quick-guide/universal-credit-if-you-have-a-disability-or-health-condition

Thank you , if I get awarded PIP that would mean I don't need a fit note ?

poppy123456

A PIP award doesn't automatically entitle you to limited capability for work. You will still need to report your health condition and submit fit notes. You will then be referred for a work capability assessment about 29 days after you claimed.

If awarded daily living PIP your husband can claim carers element of UC if they look after you for at least 35 hours per week. He doesn't need to claim carers allowance to be entitled to carers element. It would be deducted in full from any UC entitlement anyway and there's also a maximum earnings limit for this too. There's no earnings limit for carers element.

Are you also aware that you won't be able to claim for any help with your mortgage. You can claim SMI but it will pay the interest only and will need to be repaid back if you sell your property in the future.

The rules for this are changing next month (i think) and it's being reduced from a 9 month wait to a 3 month wait.

stay_positive

poppy123456 said:

A PIP award doesn't automatically entitle you to limited capability for work. You will still need to report your health condition and submit fit notes. You will then be referred for a work capability assessment about 29 days after you claimed.

If awarded daily living PIP your husband can claim carers element of UC if they look after you for at least 35 hours per week. He doesn't need to claim carers allowance to be entitled to carers element. It would be deducted in full from any UC entitlement anyway and there's also a maximum earnings limit for this too. There's no earnings limit for carers element.

Are you also aware that you won't be able to claim for any help with your mortgage. You can claim SMI but it will pay the interest only and will need to be repaid back if you sell your property in the future.

The rules for this are changing next month (i think) and it's being reduced from a 9 month wait to a 3 month wait.

I know about smi, Macmillan went through it all ,I  will see what happens as  I  have agoraphobia and have difficulty meeting people , so it would make me very ill having a work capability assessment , i had a call from the dwp to see if i need a face to face assessment , waiting to see what happens .

stay_positive

SMI only pays a tiny bit of the interest not all of it , but anything is better than nothing .

rebel11

@stay_positive

If you need extra help accessing benefits / monies you should contact your MP, they are there to help. 

poppy123456

Assessments are mostly done through telephone.

stay_positive

poppy123456 said:

Assessments are mostly done through telephone.

I've just received a text saying my written assessment has been received and they will make a decision about my PIP and it can take up to 8 weeks .

stay_positive

rebel11 said:

@stay_positive

If you need extra help accessing benefits / monies you should contact your MP, they are there to help. 

Hi, thanks for replying . I have a really good benefits advisor through MacMillan , who has gone through them all , fingers cross now as I just received a text saying my written assessment has been received and the decision on PIP will take up to 8 weeks .

chiarieds

If you haven't had an assessment by phone, then a decision may be made instead on your PIP claim form & anything else you sent with this. The text saying it can take up to 8 weeks is a standard one, & it can unfortunately take up to 12 weeks, but hope you don't have too long to wait.

stay_positive

chiarieds said:

If you haven't had an assessment by phone, then a decision may be made instead on your PIP claim form & anything else you sent with this. The text saying it can take up to 8 weeks is a standard one, & it can unfortunately take up to 12 weeks, but hope you don't have too long to wait.

I had a phone call asking a few more questions , and the lady said she would send it off that day which was last Tuesday , I filled the form in with the help from MacMillan benefit guy , he said it sounds like the standard covid phone assessment . We shall see . They messed up at first as I never received my form and they messaged me , then my husband called them and they said they would send out another form and both arrived together , but the claim is still from December 15 2022 . 

poppy123456

If it was just a few questions then this wouldn't have been a full assessment. Sometimes they ring (without notice) to ask a few questions to see if a paper based assessment can be completed. It sounds like this is what's happened.