Insufficient NI contributions

Tonyjohn1961

Hello, I wonder if anyone can help me.  I was medically retired due to ill health 9 years ago.  I have had 3 heart attacks, the last one in 2020 which has limited my ability to do daily activities as well as my mobility even further.  I'm 59 and receive a small pension.  I didn't apply for any benefits 9 years ago, but now need help. I've just applied for ESA and have been told I'm not eligible because I've not paid enough contributions.  Is there anything I can do to appeal?  I've paid 35 years of NI, but obviously nothing in the last 9 years.  Thank you

woodbine

hi @Tonyjohn1961 that's one of the problems with not applying for benefits when you should, i assume you are 59? do you have a personal DC pension that you could access?
Have you looked into PIP? or UC?

chiarieds

Hi @Tonyjohn1961 - & welcome. I'm afraid you can't claim New Style ESA without NI contributions from recent years, as you've found. Please see the following for confirmation:  https://www.gov.uk/employment-support-allowance/eligibility

As you mention your health is affecting activities of daily living & mobility, Personal Independence Payment (PIP) may be an option. Please see: https://www.gov.uk/pip    Also have a look at the following activities/descriptors to see what is looked at with PIP, & the points that may be awarded: https://www.cambridgeshire.gov.uk/asset-library/Scores-for-PIP-Descriptors-2020.pdf

wilko

@Tonyjohn1961, Hello and welcome to the community. I have to agree with @woodbine, not claiming state benefits that you where entitled to claim is a falsehood thing to think or not do. You could have claimed ESA. And like me had your rent and council tax paid plus I got NI credits added to my account so I have paid 50 years towards my state Pension. Having been pointed in the right direction by CAB for the ESA and PIP I have had more than my fair share of benefits.

Tonyjohn1961

Thank you for your responses. 

I was silly not to apply, I was entitled but never knew it would affect any future benefits or pension.  I now owe so many years of NI contributions which I have to pay in order to receive ESA.   

I’ve applied for PIP & sfyer a difficult assessment scored 0 points.  Not much I can do now.  Thanks again 

calcotti

Tonyjohn1961 said: I now owe so many years of NI contributions which I have to pay in order to receive ESA.   

Paying for additional years of NI will not entitle you to ESA. To help towards ESA you need to have Class 1 (employed contributions) or Class (self employed contributions) for the 2018-19 and 2019-20 tax years. Any voluntary NI contributions you pay will be Class 3 contributions and these count for your State Pension but not ESA.

If you are registered as self employed for those years you can pay voluntary Class 2 contributions which would count but as you say you have been medically retired  for 9 years I assume that is not the case.

So do not pay NI contributions in the believe that this'll enable you to claim ESA.

You may wish to get a State Pension forecast in order to see how many more years of credits/contributions you need (if any) in order to get a full pension.

Now you have applied for ESA, if you have the assessment and are found to have Limited capability for Work, although you will not be paid ESA, you will at least get Class 1 NI credits towards your pension if you need them.

Caz_Alumni

Hi @Tonyjohn1961,

Welcome to the community. Thanks for joining us and it's good to have you on board

It looks like you've been quite busy already getting some answers to your original post? Hopefully, the responses from our community members have helped to clarify things for you - though it looks like they might have confirmed what you already knew, maybe?

Do please keep talking to us though, if you have any more questions or we can help you with anything else.

@Caz_Scope

Tonyjohn1961

Thank you so much everyone- I really appreciate all the advice.  

calcotti

Adding to this. I you are on a low income and your savings are less than £16,000 you may be entitled to Universal Credit from DWP to top up your income and possibly Council Tax Reduction from your local authority to help with Council tax. If you've a health condition that limits your ability to work that will increase UC entitlement. UC will give you Class 3 N credits. Try a benefits calculator https://www.gov.uk/benefits-calculators. If you have a partner your entitlement is based on joint circumstances and for UC yo would both have to claim.

calcotti

woodbine said:

hi @Tonyjohn1961 that's one of the problems with not applying for benefits when you should, 

It's one of the problems that the benefits system is poorly understood and sometimes to get the best results requires a knowledge of the rules which most people have no reason to have. All to often people will, for the best of reasons, scrape by on their existing means, use up any savings etc and only then turn to the benefits system. The political mood music around benefits does not encourage people to immediately turn to benefits in the knowledge that that they are there to support people in times of need not just as a last resort.

mikehughescq

Beautifully put.