New style ESA - confused!

essexlad72

Hi all, first post here

Had to finish work due to various chronic health issues, few years ago,  and looking at claiming ESA. Not worked for 3 years

its all quite confusing

My question is this

Can I claim new style ESA? I have a full NI record upto 17/18. However, last 3 years are via NI credits only

Seem to read various differing websites so very confused

So does anyone know if I can claim the New Style ESA with last 3 years as NI credits?

Many thanks

EL72

poppy123456

HI,

New style ESA is for those that have worked and paid NI contributions in the previous 2 tax years. The years that count for a claim now are April 2016 to March 2017.

There's a relaxation to this rule, if you've been claiming carers allowance for looking after someone.

May i ask what benefits, if anything you've been claiming in the last 3 years?

Mike1800

Hello Poppy123456

I have read several helpful answers from you regarding new style ESA and eligibility for carers and I would appreciate if you could clarify a question I have. My wife has been a carer for my daughter for 6 years and has received carers allowance since 2014 when she stopped full time work. She worked for 30 years until 2014 and paid full NI contributions. She has worked part time since 2014 did not earn enough to pay employment NI contributions. My wife has been ill for several years and is no longer able to work or care for my daughter which I now do. Her ESA application was refused because she has met condition 1 in that she has full NI class 1 contributions from being a carer for tax years 2017 to 2018 and 2018 to 2019 but does not meet condition 2 of employment contributions for at least 26 weeks in the above 2 tax years. I did see on one of your post (sorry couldn’t find it again) that under relaxation rules that any years employment NI contributions can count.  Please can you confirm if this is for condition 2 or only for condition 1. Another site mentions legalisation 9 covers relaxed rules for carers but I could not find any further information to back this up (so much confusing information on different sites). Thank you.

poppy123456

Mike1800 said:

Hello Poppy123456

I have read several helpful answers from you regarding new style ESA and eligibility for carers and I would appreciate if you could clarify a question I have. My wife has been a carer for my daughter for 6 years and has received carers allowance since 2014 when she stopped full time work. She worked for 30 years until 2014 and paid full NI contributions. She has worked part time since 2014 did not earn enough to pay employment NI contributions. My wife has been ill for several years and is no longer able to work or care for my daughter which I now do. Her ESA application was refused because she has met condition 1 in that she has full NI class 1 contributions from being a carer for tax years 2017 to 2018 and 2018 to 2019 but does not meet condition 2 of employment contributions for at least 26 weeks in the above 2 tax years. I did see on one of your post (sorry couldn’t find it again) that under relaxation rules that any years employment NI contributions can count.  Please can you confirm if this is for condition 2 or only for condition 1. Another site mentions legalisation 9 covers relaxed rules for carers but I could not find any further information to back this up (so much confusing information on different sites). Thank you.

Hi

I answered your question on your other thread https://community.scope.org.uk/discussion/67650/new-style-esa-eligablity-via-relaxtion-rules#latest