Not claiming benefits and NI contributions

[Surfer01]

Since March 2010 my wife who is now over 60 has been on SSP and then ESA which stopped in April 2012. In early 2011 she went for an ATOS assessment and moved into the ESA support group. As she has osteoarthritis in her hands, wrists and lower arms there is almost no chance of her working again.

When her contribution based ESA finished in April she never applied to move it to income ESA or whatever they call it. As I am on Pension credit I notified the relevant department that she no longer received ESA and they adjusted my Pension credit payment. In essence we get a bit less than when she was on ESA.

Today she received a letter advising her to attend another ATOS medical in two weeks time. Perhaps they think there is a miracle cure for osteoarthritis? She contacted them to advise she was not claiming JSA or ESA and asked if she still needed to attend.

They told her that she would not be getting any NI contributions paid and to notify Jobcentre. We assume that they would have checked before increasing my pension credit.

She has in excess of 25 years contributions, but less than 30. Should she apply for income support ESA or are her contributions enough for her state pension? What should we do?

[Nystagmite]

Your pension credit may be too high for income based ESA.

[count orlok]

If your wife is in the support group it does not stop after a year, she would still be required to attend WCAs though. If she doesn't they will stop her ESA and NI credits, but she may even pass it again and nothing will change. If she was moved to WRAG I think that would be payable for a year.

 

You can't claim income based ESA if your partner in on pension garentee credit. I know this as I am in a similar position. I checked with the top man (IDS I think) and was assured the pension credit would make up any lose of ESA. If your wife does not have enough credits (as my wife) it should be made up by pension credits.

[Nystagmite]

Yes, as a couple, you can't both claim different income based benefits.

[Surfer01]

So it seems that we have done the correct thing. Job centre told her not to worry about coming in for support group earlier this year unless they contacted her. That was the last we heard of it.

Is she still obliged to go for the ATOS medical anyway as ATOS were not able to give us an answer? We would like to do the correct thing to avoid any future issues.

[Nystagmite]

Does she have any award letters stating they're paying her NI?

[Surfer01]

Does she have any award letters stating they're paying her NI?

No, nothing. She will phone the Jobcentre today to find out the situation.