ESA (CB) eligibility

Hi,

Since 2010 I've been in receipt of ESA (IR), however I am not sure why I've not been eligible for ESA (CB)? I never bothered with this until now, but it is possible that soon my savings may go above £6000, so I am looking into this.

My ESA entitlement letters always state that I have not paid or have not been credited with enough NI contributions from the tax years 2007/08 and 2008/09. However, from 2005 until 2010 I was self employed, paying Class 2 NICs, and today I received a NI contributions record from HMRC which confirmed that, for the relevant tax years, I paid 52 Class 2 NICs in 07/08 and 53 Class 2 NICs in 08/09. The statement shows "payment not needed" for all of these years, which would suggest that I had accumulated sufficient NI contributions in those years, and it does explicitly state that these were Class 2 NICs, rather than Class 3 which wouldn't count for ESA (CB) purposes.

Is there a minimum number of Class 2 NICs required to be eligible for ESA (CB) or any other condition that I am unaware of, as I cannot understand why, in light of the contributions paid in the relevant tax years, I have never been eligible for ESA (CB). I know JSA (CB) requires Class 1 NICs, but my understanding is that either Class 1 or Class 2 NICs can count towards entitlement for ESA (CB).

My claim has always been assessed as ESA (IR), even back before the 365 day ESA (CB) limit for WRAG claimants came into force. I'm in the SG anyway, so that wouldn't be an issue.

Thanks.

Thanks a lot, Gordon.

I'll do that. I will probably phone them tomorrow and then follow it up with a letter if necessary.

You're right insofar as I would aim to also receive the ESA (IR) topup, which raises another question. If and when my savings hit £6000, I presume I must write to DWP. But then if, the next week, the savings dip below £6000, do I have to write to them again, and keep writing every time it goes above and below the threshold?

This could end up costing a fair amount in stamps!

Hi,

Just to update you on this.

Due to other things happening I wasn't able to do anything about it until today. I phoned up and was told I'm already on ESA (CB) with an ESA (IR) top-up.

I was sceptical, so she checked with her team leader to confirm what it said on the screen, and she said it was right. She offered a callback from the benefit centre, which I accepted, and, she too, confirmed I'm receiving CB + IR topup.

So I'm confused why my benefit letters always repeat the old mantra that "this assessment is based on how much the law says you need to live on. You do not have, or have not been credit with, enough National Insurance contributions for them to be used in this assessment".

Does that statement appear on all benefit letters for those in receipt of the IR topup with ESA (CB)? Very misleading if so...

Jonathan wrote: Hi,

Just to update you on this.

Due to other things happening I wasn't able to do anything about it until today. I phoned up and was told I'm already on ESA (CB) with an ESA (IR) top-up.

I was sceptical, so she checked with her team leader to confirm what it said on the screen, and she said it was right. She offered a callback from the benefit centre, which I accepted, and, she too, confirmed I'm receiving CB + IR topup.

So I'm confused why my benefit letters always repeat the old mantra that "this assessment is based on how much the law says you need to live on. You do not have, or have not been credit with, enough National Insurance contributions for them to be used in this assessment".

Does that statement appear on all benefit letters for those in receipt of the IR topup with ESA (CB)? Very misleading if so...

Hi J,

I have not seen that many ESA award letters where the claimant is in receipt of CB ESA with IR ESA top-ups.

However, the one's that I have seen do not include the statement regarding NI Contributions.

Other members are free to add comment.

We do hear from a lot of members where the ESA letters that receive do not seem to have context to what they are being paid.

The DWP do seem to have the habit of using letters and phrases that are not truly applicable to the claimant's circumstances.

If you still have any doubts, you could ask that they send you a letter simply stating that you are being paid CB ESA with IR ESA top-ups.

bro58

Hi
I get both contribution based and income related ESA and my letters state, this assessment is based on how much the law says you need to live on and your national insurance contribution record and then on the page giving breakdown of entitlements it states, the payment of ESA is based on your national insurance contribution record and any additional amount the law says you need to live on.

I agree dwp letters are very confusing

Hope this helps

Cbrad