ib to esa migration andd nic

bal42 wrote: my friend failed his ib to esa medical , he appealed and lost apeal. he was advised to apply for jsa. but job centre told him not well enough and re apply ESA 6 months after failure date. he applied and now had letter saying , he does not qualify for contribution based ESA and also he does not qualify for income based ESA because his wife works part time and earns about £ 125 per week. he has about £500 m0rtgage to pay each month. he almost has exhausted his savings . and now totaly lost.
what can he do. he use to recieve cintribution based IB , so why cant he qualify for contribution based ESA.

can anybody help. many thanks in advance.

I am afraid that this is likely correct.

To make a new claim for ESA(CB) the claimants needs to meet the Contribution Conditions.

In broad terms, there are exceptions but I would not expect any to apply, a claimant needs to have sufficient NI Contributions in the last two full Tax Years prior to the year of the claim, for 2014 these are 2011-12 and 2012-13. NICs can only be acquired through employment or self-employment.

IB and ESA only pay NI Credits, these can be used to meet the second test but not the first, so your friend will not be able to re-claim unless and until they re-meet the requirements.

Gordon

bal42 wrote: thank you gordon

can you explain the following paragraph please ????????

IB and ESA only pay NI Credits, these can be used to meet the second test but not the first, so your friend will not be able to re-claim unless and until they re-meet the requirements

also is he entitled to any help with the mortgage interest under the income based ESA.

many thanks

As I said there are Two Contribution Conditions that have to be met.

The First can only be satisfied with NI Contributions.

The Second can be met with NI Contributions or NI Credits or a combination of the two.

They will be able to meet the Second test by using the NI Credits that are paid with IB and ESA, but as they will have no NI Contributions in the required years, because they have not worked, they will not meet the First. They will only be able to acquire the necessary NICs to meet the First Condition by working , either by suitably paid employment or registered self-employment.

I would not expect them to eligible for mortgage assistance as they are not entitled to ESA(IR), but it worth checking with a trained advisor as I am only 99.9% certain.

Gordon