ESA and NI contributions

[lemonpinklady]

My husband is unemployed and can't get JSA because he is about £400 earnings short in one of his years for NI contributions. Do these rules apply if he applies for ESA? I work 24 hours but managing on one wage is hard. He had an operation last year and had titanium put in his neck so is still suffering and could go on ESA but we don't know if he wuld still be turned down. He wants a job he can do but has interviews but as yet no job. Any help would be much appreciated. Thanks

[SWLABR9]

Who says he can't get JSA? SFAIK he should get it but at a slightly reduced rate - have you sought professional advice about this?

[lemonpinklady]

Thanks for replying. We spoke to the JCP today and they said he hadn't earned at least £5,000 in the year 2010/2011 (he earned £4,491.31) and the rest of the income was ESA which they said the NI credits did not count towards JSA in the future. They would cover the old age pension but not benefits now. Where would we go for professional advice? Thanks again.

[unclebulgaria67]

Thanks for replying. We spoke to the JCP today and they said he hadn't earned at least £5,000 in the year 2010/2011 (he earned £4,491.31) and the rest of the income was ESA which they said the NI credits did not count towards JSA in the future. They would cover the old age pension but not benefits now. Where would we go for professional advice? Thanks again.

 

Citizens Advice on 08454 04 05 06. That is their helpline, but he might need to book an appointment at the nearest bureau.

 

In regard to JSA, I think he is in the silly situation, that he does not fit the income based or contributions based options.

 

He can apply for ESA, but will need a doctors note first, saying that he is currently not fit to work.

[SWLABR9]

Is there just the two benefits now then, no income support of any kind? And couldn't he apply for hardship? What support's available to the very many people who have no money but don't fit these very rigid criteria?

[antone]

Is there just the two benefits now then, no income support of any kind? And couldn't he apply for hardship? What support's available to the very many people who have no money but don't fit these very rigid criteria?

 

Income Support is still available to some people, but it's means tested. It can be paid to lone parents of young children, and carers.

 

To the OP, the contribution conditions for ESA are slightly easier to meet than those for JSA, so it may well be worth applying if he otherwise qualifies.

[lemonpinklady]

Thanks for all the help. Just need to find out exactly the cpntribution rules for ESA.

[antone]

Thanks for all the help. Just need to find out exactly the cpntribution rules for ESA.

 

OK. Well, for a claim made in Benefit Year (BY) 2012, the ESA contribution rules are as follows:

 

The last three completed tax years prior to the BY will be considered - these are the Relevant Income Tax Years (RITYs). In 2012, the RITYs are 2010/11, 2009/10 and 2008/09. Two conditions must be satisfied. They are:

 

The First Contribution Condition (FCC):

 

In any one of those three years, the claimant must have actually paid NI contributions on an income that is 25 times the Minimum Earnings Threshold for NI for that year. I can't recall the figures, but it's around £100 per week. I believe that you can still satisfy the FCC by working less than 25 weeks per year, provided the earnings are sufficient, but it can't be satisfied by credits.

 

The Second Contrubution Condition:

 

In both of the last two RITYs, the claimant must have paid or been credited with NI contributions that are 50 times the LEL. Although those credits don't count for JSA, my recollection is that they do count for ESA.

 

So the contribution rules for ESA are similar, but not identical to, the rules for ESA.