New ESA Claim

[natalie]

My partner has serious health problems following chemo and radiotherapy (as well as some serious mistakes during his treatment) all of which took place around 10 years ago.

 

He has ALWAYS worked even though he has struggled.

 

Last September his health took a serious dive and our GP has told him categorically he is not allowed to work.

 

He has now moved in with me and we have applied for disability allowance and ESA.

 

I am currently on long term incapacity benefit.

 

We have just had back a letter about his ESA to tell us he is going to get £11.15 a week :S

 

Surely there is some mistake

[natalie]

Okay, we have a little more information now, in that the DWP only take the last 2 tax years into account when calculating NI contributions, so even though he has paid into the system for 18 years, that is now irrelevant. The fact that he didnt claim benefits when he has been ill over the last 2 years, preferring instead to use his savings goes against him.

 

I really need some advice on where to go with this, we have contacted our MP, and SSAFA, but have no idea what to do next.

[installspark]

For a contribution based claim the DWP will look at the three tax years prior to the benefit year, known as relevant income tax years (RITY's). In your case the benefit year is 2009, so the RITY's used will be 05/06, 06/07 and 07/08.

 

In order to get ESA© (contribution based ESA) you will need to satisfy both the FCC (First Contribution Condition) and the SCC (Second Contribution Condition).

 

The first contribution condition.

In order to qualify for contribution based ESA you must have:

 

• actually paid Class 1 contributions in one of the three last complete tax years on earnings of 25 times the lower earnings limit for that particular year; or
  
• 25 Class 2 contributions in any of the three last complete tax years; or
  
• a mixture of Class 1 and Class 2 totalling 25 in any of the three last complete tax years.
  

Class 1 National Insurance contributions are paid by employed people as a percentage of their earnings. Class 2 NI contributions are paid by self-employed people at a standard weekly rate.

The second contribution condition.

In addition to meeting the first condition you must also have paid (or have been treated as having paid) Class 1 or Class 2 contributions amounting to at least 50 times the lower earnings limit in each of the two relevant tax years.

The relevant tax years are those that precede the benefit year in which the claim is made. To make things a little more complex, the benefit year runs from the first Sunday in January whereas the tax year starts on April 6th.

Contribution credits count as Class 1 credits and can be used to help you meet the second contribution condition. You are credited for each full week that you receive-

 

• incapacity benefit or
  
• employment and support allowance or
  
  
• statutory sick pay or
  
• severe disablement allowance or
  
• income support due to incapacity for work or
  
• maternity allowance or
  
• jobseeker's allowance or
  
• carer's allowance or
  
• adoption pay
  

Most claims are assesed for ESA© and ESA(IR) (income related), should you fail to satisfy the FCC and SCC then the claim will be ESA(IR). With ESA(IR) all other income, together with capital between £6000 and £16000, is taken into account. Presuming you have claimed as a couple, then your IB income will have been deducted from the ESA(IR) applicable amount hence the £11.15 per week our partner has been awarded. Had your partner been awarded ESA© then your income would not have affected their amount of ESA©

[natalie]

This is the bit we dont understand, because firstly they have said they are only looking at 2 years (tax year ending apr 2007, and apr 2008) and also the tax year ending Apr 2007 he worked, as an employee, for near enough the full tax year (he ended March 07) earning in excess of 50K a year.

 

We have contacted the tax office and they are sending him a full breakdown of all the NI contributions he has ever made.

 

What is the lower earnings limit?

[installspark]

For 07/08 £87.00, for 06/07 £84.00, for 05/06 £82.00

 

If your partner finds from HMRC that he paid enough contributions to satisfy the FCC in any one of the three RITY's, appeal against the decision made. FCC looks at the previous three RITY's and the SCC the previous two.

[natalie]

I'm confused, so in order to satisify SCC you have to have paid 50 times £84 / £87 NI?

[EYEBALLS01]

I thinkthis is the level of earnings per week to qualify for NI credits but someone more knowledgable will probanly be along later.

Also you may already have done it but browse thr forum to help with applying for DLA. Good luck

[installspark]

I'm confused, so in order to satisify SCC you have to have paid 50 times £84 / £87 NI?

 

Yes, or treated as, having paid 50 times LEL, £4200 and £4350 respectively. NI credits gained from benefit claims will count towards this.

[natalie]

That would mean that anyone earning under 40k wouldnt be able to claim contribution based benefits, because they wouldnt be earning enough to have paid that amount of NI.

[EYEBALLS01]

£4200 not £42000

[natalie]

But to have PAID £4200 of NI, you would have to be earning in excess of £40k

[EYEBALLS01]

No I think you can earn this amount before having to pay NI but still build up contributions Look at this sitehttp://www.hmrc.gov.uk/rates/nic.htm

[EYEBALLS01]

HM Revenue & Customs: Rates and Allowances - National Insurance Contributions

[EYEBALLS01]

Lower Earnings Limit (LEL)

This is the minimum level of earnings that an employee needs to qualify for benefits, such as Retirement Pension and Jobseekers Allowance. If an employee’s earnings reach or exceed this level, but do not exceed the Earnings Threshold, they will not pay National Insurance contributions but will be treated as having paid them when claiming benefit. For this reason, you must keep details of an employee’s earnings at or above the LEL on a form P11 or equivalent record and report them at the end of the year on a form P14.

Earnings Threshold (ET)

When the earnings exceed this level National Insurance contributions become payable by the employee and employer.

Upper Accrual Point (UAP)

The UAP is set at £770 a week, £3,337 a month, and £40,040 a year. Employers and their employees who are members of contracted-out occupational pension schemes pay NICs at the reduced contracted-out rate up to the UAP only. They then pay NICs at the higher standard rate on the employee’s earnings between the UAP and the UEL.

Upper Earnings Limit (UEL)

Where earnings exceed the UEL, the employee pays National Insurance contributions at 1 per cent on those earnings above the UEL. The UEL does not apply to employer’s National Insurance contributions, which are payable on all earnings above the Earnings Threshold, including those above the UEL, at the appropriate rate.

[natalie]

Ahh right, so the £4200 is what you need to have earned not what you need to have paid.

 

Cool cheers.

 

They've definitely messed up but we'll know for sure when we get the info from the Inland Revenue.