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National Insurance Contributions issues claiming ESA Contribution Based


skyee
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Not sure if this is the right place to put this but im sure I`ll be guided :-)

 

I have an army pension after serving 18yrs and a war pension at 30%, I then worked off shore for a further 18yrs, during this 18 years offshore 2014/2015 I was offshore holland when i returned to the uk to work offshore I was told that I had to catch up with my NI which I did at the end of last year 2015, I left offshore due to disability in december and have claimed ESA however they have told me I cant get contribution based ESA as I hadnt paid enough NI in 2014/2015, my point is I still caught up with it and paid it, this is driving me crazy

 

 

Regards

skye

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Hi skyee

 

I think you may benefit better in the Armed Forces forum...will redirect your thread to that forum.

 

You find the following thread useful.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?458812-2016-war-pensions-and-allowance-rates

 

Regards

 

Andy

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If you want advice on your Topic please PM me a link to your thread

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Hi skyee

 

For ESA even contribution based your War Pension would be disregarded but your Army Pension (even if a Service Invaliding Pension (SIP)) is classed as an Occupational Pension therefore income for there ESA purposes.

 

I don't think from what you have posted this is an issue with either your War Pension or Army Pension but is an issue to do with your National Insurance Contributions paid and your time offshore especially in holland.

 

So I think the issue you have with ESA Contribution based is:

 

To qualify for ESA Contribution Based you need to have paid National Insurance Contributions in the last 2-3 yrs full tax yrs

see here: https://www.gov.uk/employment-support-allowance/what-youll-get.

 

So when they have looked at your NI Contributions paid although you say you caught up the end of 2015, you only started paying full NI Contributions from that date. (So before that date until you caught up you were not paying full NI Contributions).

 

Did you receive a letter informing you of the issue with your NI Contributions and how much you had to pay to be entitled to Full NI and was there a cut off date this needed to be paid by?

 

With your offshore work were you employed or self employed for tax purposes?

 

I am going to move your thread to our Benefits and HMRC area as I feel you will get better advice on your issue their. (I will leave a short redirect so you can find your thread)

 

I am going to change your thread title (will PM you) so you get better advice for your issue to:

 

National Insurance Contributions issues claiming ESA Contribution Based.

Edited by stu007

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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As you know, it is possible to pay "missed" contributions on a voluntary basis if you didn't pay any NI in a tax year for some reason. In your case, for example, it's because you were not receiving a salary or wages in the UK. Another situation where this may be appropriate would be in the case of a homemaker who didn't earn any money while his or her children were very young.

 

When you make these payments, they are Class 3 NI contributions. These count towards the State Retirement Pension and certain bereavement benefits, but they do not count for ESA or Jobseekers Allowance purposes. For ESA the only contributions that count are Class 1 (paid when you are working for an employer) and Class 2 (paid by people who are self-employed). So unfortunately I think the DWP is correctly applying the law in your case.

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You can complete an online form on the tax office website to check how many years/which years NI contributions you have paid, up to April 1st 2015 and maybe up to April 1st this year although I doubt it.

 

Indeed - the link to do this is here. They won't have data for the 15/16 tax year yet as employers have a number of months after April 5th to produce and post their employees' contribution records.

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The idea that all politicians lie is music to the ears of the most egregious liars.

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