NI credits & contribution-based ESA

Hi,

My relative's National Insurance record consists almost entirely of the weekly credits associated with receiving SDA.

Page 13 of your "Understanding ESA" document seems to assert that 25 actual money class 1 or 2 NI contributions need to have been paid in one of the last 3 tax years to qualify for contribution-based ESA. They haven't been, nor could they be. I could only try to pay class 3 voluntary contributions for her in time for migration, assuming they would let me.

Neither would she qualify for income-based ESA.

This seems to imply a total loss of SDA income at migration time. Would I be correct in that assumption?

Alarmed.

winterchild wrote:

Hi,

My relative's National Insurance record consists almost entirely of the weekly credits associated with receiving SDA.

Page 13 of your "Understanding ESA" document seems to assert that 25 actual money class 1 or 2 NI contributions need to have been paid in one of the last 3 tax years to qualify for contribution-based ESA. They haven't been, nor could they be. I could only try to pay class 3 voluntary contributions for her in time for migration, assuming they would let me.

Neither would she qualify for income-based ESA.

This seems to imply a total loss of SDA income at migration time. Would I be correct in that assumption?

Alarmed.

Hi,

Once your relative qualified for SDA on his/her original NI Credits some years ago, he/she does not have to 'requalify' on migration to ESA. This is providing there are no breaks in his/her claim which falls outside the linking rules and that they continue to be incapable of working (and that they continue to pass the ESA medicals etc to prove continued incapacity). If there has been a break in claim outside the linking rules, only then would they have to requalify on the then NI rules for claiming.

It is the same with Incapacity Benefit, in that once qualified, providing there has been no break of claim outwith the linking rules, and providing they are still unable to work, the claim continues, even on transfer to ESA (or it should providing one qualifies medically to recevie ESA).

I hope that explains it.

Pete

Thanks for that, Pete. Your response is encouraging. The fact she qualified for SDA does seem a strong point in her favour.

I have accessed our own records and found that my relative was moved seamlessly under transitional arrangements in 1984 to SDA from non-contributory invalidity pension when the one was replaced by the other (with new rules in force). The NCIP record we have for her goes back to 1977.

I note the name component of the old benefit,though - "Non-Contributory". I'm thinking she may never have paid any NI contributions:- she could never work due to the various aspects of her learning disability (can't read or write, for a start), so this is an interesting point. There must be others in a similar situation?

I would write to the DWP for definitive clarification but feel they are probably snowed under and sorely pressed just now (and anyway there is the general principle of not prodding a sleeping tiger!).

So thanks again and all the best.