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UC v Contribution based ESA - savings criteria.

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6 months 1 week ago #291507 by JJ
Hi
I understand that a claimant must have 2 out of the last 3 years of working NI contributions before they become eligible for NS ESA.
So if an applicant ceased paying NI contributions in January 2022 then I take it they would not be eligible ?
I get confused with the financial years.
Thank you.

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6 months 1 week ago #291513 by Catherine
Replied by Catherine on topic UC v Contribution based ESA - savings criteria.
That is correct JJ.

I can never hold the details of this in my head, and this is my reference page. www.entitledto.co.uk/help/employment-and...e-contribution-based.

Catherine

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

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6 months 1 week ago #291518 by JJ
Thank you.

So any qualification for NS ESA would effectively mean the applicant re-commencing NI contributions & keeping these up for 2 years. ?
Could I ask please , would they be able to do this through the permitted work they do within their current UC entitlement ? (their permitted work is on a self employment basis).

Or would they need to go back to work full time ?

Thank you for your help.

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6 months 1 week ago #291523 by Gordon
JJ

The current Tax Years being used for NS ESA are 2021-22 and 2022-23 so if the person stopped making NI Contributions in January 2022 then they will not meet the Contribution Conditions.

If they started making the payments again through work then my rough calculation is that they would not be able to claim NS ESA until January 2028 using the Tax Years 2025-26 and 2026-27.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 months 1 week ago #291527 by JJ
Thank you.

Would it matter if the work was part time in line with the permitted work under UC?
(self employment in this case).

Or could someone make voluntary contributions without working & qualify for NS ESA. ?

Thank you.

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6 months 1 week ago #291532 by Tammy Curtis
Replied by Tammy Curtis on topic UC v Contribution based ESA - savings criteria.
I’m sorry for some confusing advice you’ve been given here. Can I just make sure I’m getting the information right so that I can inform you properly?
Q1.
Your friend was working until January 2022 and then became too sick to work?
Q2.
As he was not informed of the correct benefits he was entitled to claim he made a claim for uc only?
Q3.
He was awarded uc with LCWRA from January 2022?
Q4.
He has been entitled to and receiving uc with LCWRA continuously since January 2022?
Q5.
His savings are now over the £6000 - £16000 threshold for uc which would likely lose him his entitlement?

If the answer to all of those questions is yes, then he would be entitled to claim NS ESA from now and the relevant tax years taken into account would be the two years from April 2020/2021 and 2021/2022 this is because those are the years immediately preceding him being found to have LCWRA the year he applies is irrelevant it could even be in 10 years time as long as he is continuously entitled to uc and LCWRA so if he doesn’t renew or his claim ends even for a day he would lose this right, so tell him to be very careful to make sure that doesn’t happen. It is an interesting question you have posed and I’ve been a little confused by the responses but I can assure you I am quite correct and a quick check of the relevant regulations will confirm that to be the case. I believe the regulations were posted earlier in this thread if anyone would like to fact check me. Rest assured your friend is entitled to NS ESA and infact im pretty certain his claim would be backdated to the original claim for uc due to him having been found to have LCWRA from that date and him having been poorly advised at that time. He has been entitled since that date and would have claimed sooner. However even if that is fought and he doesn’t want the fight, he is most definitely entitled to claim now and would have his claim based on the above tax years. If he is worried about his uc claim being ended due to savings then he MUST claim now to avoid ANY break in entitlement which would take this right away from him. I hope this reply helps and please feel free to contact me if you need any further information.
Tamara: Civil Servant with the DWP since 2001

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