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ESA Refusal
- Meg
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3 months 1 week ago #294092 by Meg
ESA Refusal was created by Meg
Hi There
My wife has been refused ESA after asking for a mandatory reconsideration.
The basis in on the tax year 21/22 she worked and paid full NI contributions The year 22/23 she paid
£116.03 in contributions. She works as a freelance merchandiser / auditor and is classed as employed by
her contractors. Her work was limited in this year due to ill health and hospitalisation between contracts.
so her contributions are approximately £140 short to comply.
Is it worth paying this amount to get full contributions?
Her claim was made in May this year after being signed off as not fit for work for 3 months and is likely
to be signed off again for a further period when her fit note expires.
If she pays the voluntary contributions will she have to start the claim over again or will it revert to the original
May application?
She has applied for PIP and are awaiting a decision.
Many thanks
My wife has been refused ESA after asking for a mandatory reconsideration.
The basis in on the tax year 21/22 she worked and paid full NI contributions The year 22/23 she paid
£116.03 in contributions. She works as a freelance merchandiser / auditor and is classed as employed by
her contractors. Her work was limited in this year due to ill health and hospitalisation between contracts.
so her contributions are approximately £140 short to comply.
Is it worth paying this amount to get full contributions?
Her claim was made in May this year after being signed off as not fit for work for 3 months and is likely
to be signed off again for a further period when her fit note expires.
If she pays the voluntary contributions will she have to start the claim over again or will it revert to the original
May application?
She has applied for PIP and are awaiting a decision.
Many thanks
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- Gary
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3 months 1 week ago - 3 months 1 week ago #294116 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic ESA Refusal
Hi Meg
The answer to your query is not straightforward and we would advise you to seek help from your local Welfare Rights Organisation; advicelocal.uk
To apply for NS ESA, you must have;
1) in one of the two relevant tax years, paid, or be treated as having paid, Class1 contributions (and worked and paid in at least 26 weeks in one of these years), or paid, or be treated as having paid, Class 2 contributions, at least 26 times the lower earnings limit; and
2) during both the relevant tax years, paid, be treated as having paid, or been credited with Class 1 or 2 contributions at least 50 times the lower earnings limit.
Relevant Tax Years: the relevant years are the last 2 complete tax years (6 April - 5 April) before the current benefit year.
Benefit Year: runs from the first Sunday in January.
I'm afraid you cannot purchase the NI Contributions or Credits that you require, you can only purchase Class 3 or 4 NI Credits and you need Class 1 or Class 2 Contributions and/or Credits which can only be acquired through paid employment or registered self-employment.
Gary
The answer to your query is not straightforward and we would advise you to seek help from your local Welfare Rights Organisation; advicelocal.uk
To apply for NS ESA, you must have;
1) in one of the two relevant tax years, paid, or be treated as having paid, Class1 contributions (and worked and paid in at least 26 weeks in one of these years), or paid, or be treated as having paid, Class 2 contributions, at least 26 times the lower earnings limit; and
2) during both the relevant tax years, paid, be treated as having paid, or been credited with Class 1 or 2 contributions at least 50 times the lower earnings limit.
Relevant Tax Years: the relevant years are the last 2 complete tax years (6 April - 5 April) before the current benefit year.
Benefit Year: runs from the first Sunday in January.
I'm afraid you cannot purchase the NI Contributions or Credits that you require, you can only purchase Class 3 or 4 NI Credits and you need Class 1 or Class 2 Contributions and/or Credits which can only be acquired through paid employment or registered self-employment.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 3 months 1 week ago by Gary.
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