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ESA Question
- barnabycrumble
- Topic Author
Thanks BC
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- slugsta
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I'm not totally clear about the contributary requirements for claiming ESA but I'm sure one of the other mods will be along to help soon. Your partner's working hours precludes a claim for income-related ESA.
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- Gordon
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Your ability to claim ESA will be dependant on your NI Contribution history over the last two complete tax years 2011-12 and 2012-13.
You will not qualify for Income Related ESA as your partner works more than 24 hours a week, unless they are in an exempted category.
24 hour work rule for ESA(IR)
to qualify for Contribution Based ESA you will have to sufficient NICS to satisfy the two Contribution Conditions, it may be possible for you to purchase any missing NICs, but there are limits on what you can do.
You should be able to get a NI statement from HMRC, see
www.hmrc.gov.uk/ni/intro/online-statement.htm
Gordon
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- barnabycrumble
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- nofuss
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- Posts: 50
I have recently been looking into the different types of NI contributions (for other reasons to do with my husband's state pension) and remembered that I saw this on the CAB website which might be of help to you:
Which contributions pay for which benefits
Class 1
Class 1 national insurance contributions count towards contribution-based Jobseeker’s Allowance, Incapacity Benefit, contributory Employment and Support Allowance, Bereavement Benefits, State Retirement Pension and Maternity Allowance.
Class 2
Class 2 contributions count towards the same benefits as Class 1, except that Class 2 will not usually count towards contribution-based Jobseeker’s Allowance.
Class 3
Class 3 count towards bereavement benefits and State Pension.
Class 4
Class 4 contributions do not count towards any benefits. However, you still have to pay these if you are self-employed and have profits over a certain level.
Although Class 4 do not count towards any benefits, it would be very unusual for a self employed person to be paying Class 4 contributions without also paying Class 2 contributions too (although they might not realise they are actually doing so!). Class 2 contributions can entitle one to ESA (if, as Gordon says, you have paid enough in the appropriate qualifying years).
I am told that the DWP often mess things up and get confused with what the self employed actually do pay, so as Gordon suggests, it would be prudent to get a NI statement from HMRC. (Class 4 contributions are paid on top of Class2 contributions if one's self employed earnings are above a certain threshold, below that threshold the self employed usually only pay Class2 contributions and on very low earnings they can apply to opt out of paying Class2 contributions altogether, although many pay them voluntarily in order to get a state pension and to be eligible for certain benefits in case they may ever need them.)
Hope this might help you.
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- barnabycrumble
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cheers
BC
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