ESA criteria, what's the 2 year rule all about?

creamcrackered

Hi, like many of us, wanting a better future, I got my degree as a mature student age 38. However, even though I got careers advice, spoke to different Uni's etc not one person told me Uni students no longer get their NI paid while studying full time. I graduated and then fell unwell. I've since learned that ESA only accept the last 2 years NI....not right when I've paid 18 years previously. And so I have no income.
I'm writing this as I feel some sort of campaign should be made to make all university students aware that not working and earning the minimum £200 per week to pay NI could mean that they end up like me and have no income for themselves. (Ok there is PIP but thats for extra costs not living and its not guaranteed).
And it's not just students being penalised... I've met people who left work due to long term illness, lived off their savings and so they can't get ESA either.
It's so wrong, I don't know why the 2 year ruling is there? Can anyone shed any light on this? Can we raise a campaign to the DWP to change it? How do we inform more undergrads?
My Uni said they will add the NI clause it into their pre-arrival info. I'm not sure they have but at least they agreed it's not right.
My MP said to change it we need to change the government.
Surely a petition or something can be drawn up to fight this rule? How does one go about it?

calcotti

To get contribution based ESA you have to meet the rules for the last two tax years prior to the benefit year in which you claim. The rule has existed for many years. No idea why the rules were made originally.

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

There are a few relaxation to the rules.

creamcrackered

I'm right in challenging it then. Do you know how I could go about setting something up like a petition to challenge the rule? Is there something Scope could help with? Thanks.

poppy123456

In a previous thread here https://forum.scope.org.uk/discussion/95864/new-here-and-needing-some-advice#latest

You said you're already claiming UC with LCWRA element included. This means that even if you were able to claim New style ESA you won't be financially better off anyway because the ESA would be deducted in full from any UC entitlement.

As you're now claiming UC this will also pay class 3 NI credits towards your state pension. Although you didn't pay any NI when you were a student, as you're still under 40, you have many years left until you reach state pension age so by then you may have enough NI for full state pension so there's nothing to worry about.

You can start a petition but they often don't get very far, without a lot of success.

creamcrackered

I was on ESA last year but it was credits only and when the criteria changed for UC we reapplied for UC and now we get money but it's only £200 per month. If I were getting ESA in the support group I'd have twice that much.
Through no fault of my own I have no income, no security and, as I'm unwell, nothing to help myself out of this hole. ESA is meant as help towards living costs and support people back into work. A 22 year old who has worked only 4 years would be entitled to esa. Where's my help for paying the last 18 years? If someone could explain why the rule is there then maybe I could accept it but I've contacted the dwp, ni helpline and my mp and no one can give me a reason why it's there. So to me it needs changing.

poppy123456

The rules for claiming New style ESA are the law and i can't imagine they would change anytime soon. The same rules applied when it was the old Contributions based ESA. The only years that count are the 2 years prior to your claim, so if a 22 year old had worked for the previous 2 years then they could claim it, providing they paid the correct amount of NI contributions.