Question regarding income based ESA

zacthezebra

My sister and her husband were claiming ESA income based as a couple. They are no longer claiming any benefits. They have discovered my sisters husband was not receiving NI contributions for the full length of her claim. Is this correct? my sister claimed and received the couples rate in the support group.

thespiceman

Hello @zacthezebra Thank you for your post. Unfortunately I do not know the answer to your question.

I am sure some one from the team will be answer it or some one from our community.

As soon as possible.  In the meantime have looked at our benefits advice the posts and threads.

Take care

@thespiceman

mikehughescq

Not sure I follow the logic of the original post. How would insufficient NI impact means-tested ESA?

zacthezebra

mikehughescq said:

Not sure I follow the logic of the original post. How would insufficient NI impact means-tested ESA?

What I was asking is why did the DWP not pay my sisters husbands national insurance when she claimed income based ESA as a couple? they only paid my sisters NI contributions which go towards her state pension.

Her husband has over a decade of missed national insurance contributions which they thought were being paid by the DWP.

mikehughescq

If your sister was the ESA claimant then she gets automatically credited. He on the other hand would have to apply. 

zacthezebra

Thanks for the reply.

I currently claim ESA contribution based in the support group and my wife gets NI contributions paid by the DWP as a dependent.

I am confused why my sisters husband would not receive NI contributions since they claimed as a couple? only difference is they were income based.

[Deleted User]

Hi zacthezebra

The difference has to be that your sister's husband didn't claim ESA. Unlike income-based JSA where both parties have to sign and to try to get work, with an ESA couple claim, only one person has to fulfil claim requirements. The other person doesn't have to do anything, This leaves the other person with unpaid NI contributions unless they put in a claim for ESA themselves. In such a case, only one person claims the money, as it were. 

Your sister's husband can try to make voluntary contributions for part of the period, to protect his eventual state pension entitlement, but there is a time limit on doing this. It would be best for them to make enquiries of the NI department as soon as possible. 

The NI helpline number is included in the link. 

https://www.gov.uk/government/organisations/hm-revenue-customs/contact/national-insurance-enquiries-for-employees-and-individuals


Gill_Scope

zacthezebra

Thanks for the reply.

"with an ESA couple claim, only one person has to fulfil claim requirements. The other person doesn't have to do anything, This leaves the other person with unpaid NI contributions unless they put in a claim for ESA themselves"

I am now even more confused if your above statement is true then why is my wife receiving NI contributions?

I claim ESA contribution based in the support group and my wife is stated in the claim as my partner.

I have checked my wifes pension and she receives NI from the DWP. The only difference between my claim and my sisters is my sisters was income based. I was wondering if my wife receives NI because of child tax credit and child benefit?

Thanks for the link.

[Deleted User]

Hello  again

This is what I was responding to:
"They (your sister and her husband) have discovered my sisters husband was not receiving NI contributions for the full length of her claim. Is this correct? my sister claimed and received the couples rate in the support group....  Her husband has over a decade of missed national insurance contributions which they thought were being paid by the DWP".

I understood form this that the ESA claim is in your sisters name, and the question for us was why her husband did not get national insurance contributions. 

You have also written:
I currently claim ESA contribution based in the support group and my wife gets NI contributions paid by the DWP as a dependent.

To clarify this, I do not think that your wife will currently be getting contributions paid as a result of your ESA claim. It is completely possible though that she is getting contributions because she has child benefit.

To make sure about this, as clearly you wish to, please contact the DWP Contributions Department to verify and clarify this. 

https://www.gov.uk/government/organisations/hm-revenue-customs/contact/national-insurance-enquiries-for-employees-and-individuals
(The phone number is in this link)

Gill_Scope