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ESA Question

  • barnabycrumble
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11 years 5 months ago - 11 years 5 months ago #115351 by barnabycrumble
ESA Question was created by barnabycrumble
Hi, im just starting my PIP claim , your guidelines are brilliant, really helpful. I am unsure if I can also try to claim ESA, I have been Self employed up until Christmas but only working about 5 hours a week, but I have to stop due to my M.S, My partner works 55 hours a week. I have been paying class 4 stamp.
Thanks BC
Last edit: 11 years 5 months ago by . Reason: Tick.

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11 years 5 months ago #115353 by slugsta
Replied by slugsta on topic ESA Question
Hi bc,

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.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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11 years 5 months ago #115360 by Gordon
Replied by Gordon on topic ESA Question
barnabycrumble

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

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: slugsta, barnabycrumble

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  • barnabycrumble
  • Topic Author
11 years 5 months ago #115376 by barnabycrumble
Replied by barnabycrumble on topic ESA Question
Thanks Gordan, that was very helpful.

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11 years 5 months ago #115388 by nofuss
Replied by nofuss on topic ESA Question
Hi bc

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
  • Topic Author
11 years 5 months ago #115402 by barnabycrumble
Replied by barnabycrumble on topic ESA Question
Thanks for that, i will get a statement, i was a very low earner being self employed, it was more to stop me going mental as I'm other wise unemployable. Ive probably read it wrong, knowing me.
cheers
BC

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