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ESA contribution based
Magnoliabloom Member Posts: 30 Connected
edited January 2018 in Employment and Support Allowance (ESA)
Please could you help ? A family member who is disabled has become unable to work and has put in a claim for Employment Support Allowance contribution based. DWP have said that-
" We cannot pay you ESA from --------- 2017 " " We cannot pay because you have not paid or been credited with enough National Insurance contributions"
We believe that this is incorrect as working/ disability tax credits long term give class one NI credits however the family member had to give up "working /disability tax credits" after 6 months off sick and for a period of time and was in receipt of ESA. I gather ESA also means Class 1 NI credits. The problem is probably not the N.I. record.
The issue then and reason for refusal maybe the 26 weeks of work required in one of the tax years under consideration. These tax years are 2014/2015 and 2015/2016
We are confused by the lower earnings limit. It it correct that the claimant must have worked 26 weeks in one of the two tax years and must have earned £112 a week for 26 weeks not necessarily consecutive weeks ?
We have contacted "SARS' and made a subject access request of The National Insurance office. We hope they can confirm whether the earnings and N.I. credits meet the requirement .
If all else fails we wonder if DWP would allow the claim to be deferred to the first Sunday of Jan. 2018. In this case we think that tax years 2015/2016 and 2016/2017 would be used to assess the claim and we have reason the believe that the earnings of the claimant may be higher in tax year ending 2017 with more weeks worked. Do you think they might agree to this ?
The claimant will not qualify for income related ESA so we have ruled that out. However the claimant has no income at this time and is on sick leave from work.
We have filled in the capability for work questionnaire and posted this. The previous ESA claim resulted in being placed in the support group with the same illness and without the need for a medical interview.
Any advice you can give would be gratefully received. Thank you.