Benefits Nightmare

[Godstopper]

I wonder if anyone has suggestions. The situation is quite complex, so I'll try to set it out in steps.

1. I was on ESA, in the support group, and unexpectedly was offered a one year temporary job. I took it, and cancelled ESA.

1. Job ended last month.

1. I am disabled, and claim DLA (transferring to PIP but that's another issue). I cannot claim income related ESA due to my partner's income, and I cannot claim contributory ESA as I only have paid sufficient NI contributions for one year.

1. Does one now claim JSA even though I'm not really fit to work a standard job? I've awful visions of demonstrating that I'm looking for work 35 hours a week, and being forced to go somewhere that is going to make things ten times worse.

1. If I claim nothing, I'll fall behind with my NI credits, and I'd like to protect these. But I don't know how.

So I appear to be in some weird limbo land, unable to claim ESA, but not quite in a position to claim JSA either. Though I'm tempted to, and let them work it out for themselves when I can't hear anyone speak to me. What is actually involved in this? My partner says that, when she advertises job, she often receives lots of blank applications except for the bare minimum because people on JSA are ticking a box. The whole system seems awful.

Has anyone been in a similar situation? What did you do?

Regarding no.4, I think you will find the same problems if you try and claim JSA - not enough NI for contribution based JSA and partners income would be taken into account for income based JSA.

Claim esa just for credits. You won't get ir jsa for the same reason you won't get esa

Claim ESA and they will pay your NI credits. That's the position I'm in, DP's wage means I don't get any money but they at least pay my NI contribution.

I am also on PIP too. Good luck with the transfer from DLA.

Hiya,

So JSA is also dependent upon partner's income? Bloody hell, I'm beginning to wish I'd never taken the job - I thought it'd be worth it, and didn't envisage that things would be made very, very difficult.

So, you can make a credits only claim that doesn't take into account partner income? Does one apply in the usual way?

Oh. My are has just switched to universal credit, and it seems you apply for ESA through that? I am not exaggerating when I say that my PhD was a simpler process!

People can claim contributions based JSA but I'm pretty sure you would need to have paid Ni contributions fro 2 years the same as for ESA. On what basis were you claiming ESA before you took the job - was that contributions based? As previous posters have said you should be able to claim ESA but just get the credits, not the money.

I think it must have been contributions based as I mentioned my partner when asked. I think I'm going to do what others have said and claim it for credits to protect state pension entitlement. I sort of get it, as if one's partner is earning, there is an expectation of support. It's just an awful bureaucratic nightmare, and I can see why people are afraid to come off it.

How long were you off ESA - was it less than 12 weeks? You may be able to just 'reactivate' your claim.

I think a current contributions-based ESA claim would depend on having enough NI contributions in the tax years 2014-2015 and 2015-2016. If you've just finished one year of work, that means that you started work around August 2016 and finished August 2017, which is in the tax years 2016-2017 and 2017-2018. That would be why your contributions-based ESA claim was turned down.

However, you have probably paid enough contributions through work in the 2016-2017 and 2017-2018 years. You would also have had class 1 NI credits paid for the time you were on ESA, so the 2015-2016 tax year is covered for the second contribution condition. The actual NI conditions are here.That means you could reapply for contributions-based ESA from 7 January 2018 (the beginning of the next benefits year) and you should be entitled then (providing you meet the other conditions). You should keep up your ESA claim in the meantime just for the credits.

That's really helpful Revolution :)

I wasn't turned down - haven't actually applied!

My job began in October 2016 and finished in July 2017, so I'm unsure if I'll have paid enough in both tax years. Obviously, if I can re-apply for contributions-based ESA, then I will.

I'll be ploughing through the form for a credits only claim this week, and assume I'll be able to pay any missing weeks to HMRC.

Do you have dc op?