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ESA CB
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10 years 10 months ago - 10 years 10 months ago #122459 by Suebnm
ESA CB was created by Suebnm
I made a recent claim for ESA CB after working for many years. Today I was told by DWP I hadn't earned enough in years 12/13 to qualify, she stated the threshold was £5350. I earned well in excess of this in these years but it was in 3 jobs. The HMRC said that for NI purposes each of those jobs are counted separately and I may not have earned enough in each job to pay NI. I paid the usual amount of tax on these 3 jobs.
What if anything can I do about this? Would a tribunal help or is there something else I can do?
It seems very unfair to penalise me for working 3 jobs. The DWP person seemed to think it was based on the total amount I earned in that year and so if it is I should have qualified. I will not qualify for any IR benefits.
Thank you.
What if anything can I do about this? Would a tribunal help or is there something else I can do?
It seems very unfair to penalise me for working 3 jobs. The DWP person seemed to think it was based on the total amount I earned in that year and so if it is I should have qualified. I will not qualify for any IR benefits.
Thank you.
Last edit: 10 years 10 months ago by Gordon.
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10 years 10 months ago #122463 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA CB
Suze
Check with HMRC as they can give you an accurate record of the NI Contributions you made, sometimes the DWP get it wrong. Even if this is an appealable Decision it will be on a matter of fact, either you have the Contributions or you do not/
NI Contributions are deducted separately from tax, so your Tax Record is not relevant. whether you pay for NICs is based on your income, below the Lower level, you do not pay NI Contributions, at the Lower level you are credited NICs but do not have to pay for them and above the Lower level you pay for the NICs as a percentage of your earnings.
Unfortunately, you may have been below the Minimum level for part or all of the time that you were working, based on your post, that is what is being suggested by the DWP. The Contribution Conditions are based on two tests, you need to meet both although there are exceptions, the first requires you to have earned at least one years NICs in the previous two complete Tax years, the second requires you to have two years worth of NICs and/or Credits in the last two complete Tax years, you can't retrospectively purchase NICs but you may be able buy Credits if this is the problem with your claim.
If you think you have acquired sufficient NICs, then get face to face advice from a trained advisor, they should be able to help you negotiate the minefield that this area encompasses.
Gordon
Check with HMRC as they can give you an accurate record of the NI Contributions you made, sometimes the DWP get it wrong. Even if this is an appealable Decision it will be on a matter of fact, either you have the Contributions or you do not/
NI Contributions are deducted separately from tax, so your Tax Record is not relevant. whether you pay for NICs is based on your income, below the Lower level, you do not pay NI Contributions, at the Lower level you are credited NICs but do not have to pay for them and above the Lower level you pay for the NICs as a percentage of your earnings.
Unfortunately, you may have been below the Minimum level for part or all of the time that you were working, based on your post, that is what is being suggested by the DWP. The Contribution Conditions are based on two tests, you need to meet both although there are exceptions, the first requires you to have earned at least one years NICs in the previous two complete Tax years, the second requires you to have two years worth of NICs and/or Credits in the last two complete Tax years, you can't retrospectively purchase NICs but you may be able buy Credits if this is the problem with your claim.
If you think you have acquired sufficient NICs, then get face to face advice from a trained advisor, they should be able to help you negotiate the minefield that this area encompasses.
Gordon
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10 years 10 months ago #122464 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA CB
Suze
Just to add.
Looking back at your previous posts, you were claiming Contribution Based JSA, this would imply that at the time you made the claim for JSA you met the Contribution Conditions so it is definitely worth checking with HMRC.
Gordon
Just to add.
Looking back at your previous posts, you were claiming Contribution Based JSA, this would imply that at the time you made the claim for JSA you met the Contribution Conditions so it is definitely worth checking with HMRC.
Gordon
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10 years 10 months ago #122468 by Suebnm
Replied by Suebnm on topic ESA CB
Thanks Gordon. The year 2011/2012 I paid full NI class 1 but the second year I have 12 weeks missing where I changed my hours to 3 jobs each 8 hours. The whole amount earned exceeds the threshold for NI but I didn't pay it because each job paid below the NI threshold of 107 pounds a week.
When we talk about NI does this mean class 1? Do I need class 1 contributions for both years?
When we talk about NI does this mean class 1? Do I need class 1 contributions for both years?
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10 years 10 months ago #122469 by Suebnm
Replied by Suebnm on topic ESA CB
Yes I mentioned this to DWP ESA department she stated that the JSA CB has nothing to do with ESA contributions paid in the years. I queried this and she said the thresholds for each benefit are different.
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10 years 10 months ago #122470 by Gordon
You need one year of Class 1 to meet the first Condition and two years of Class 1 and/or Credits to meet the second.
Gordon
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Replied by Gordon on topic ESA CB
Suze wrote: Thanks Gordon. The year 2011/2012 I paid full NI class 1 but the second year I have 12 weeks missing where I changed my hours to 3 jobs each 8 hours. The whole amount earned exceeds the threshold for NI but I didn't pay it because each job paid below the NI threshold of 107 pounds a week.
When we talk about NI does this mean class 1? Do I need class 1 contributions for both years?
You need one year of Class 1 to meet the first Condition and two years of Class 1 and/or Credits to meet the second.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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