Fibromyalgia Action UK
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Has anyone ever been refused esa because they have not paid enough nTionL insurance contributions because they were on a part time job ?

I was working part time and applied for pip in June this year. I'm still waiting to hear. In the mean time I got worse and now I can't work anymore as I now have CFS and can barley function through out the day. I applied for ESA and was told I can't get it on low income becuSe my husband works. One income and looking after 3 kids isn't enough to survive. I asked to have ESA on the NI grounds and was that I've not paid enough ,and to contact the HMR to ask why Nd pay a top up. I called was told that I can't pay a top up and the reason for not making enough contributions 3 years ago was because I was working part time on a low wage. My baby was only 1 years old and therefore I was only working little to be able to look after her. I don't understand why I can't get esa , I was still working and I have done since I was16 I. 37now. Has anyone else had a similar experience and did they ask them to reconsider or go to appeal and won?

13 Replies

This may help...if not ask about other benefits you may be entitled too...if you don't ask them directly.... they won't give you informaton.....good luck


I was told that you had to pay full NI for the last 24 months from your claim date so when you said 3 years that does not stack up.

I had my money stopped because They claimed I had missed payments within the 24 months period it took me 5 months of toing and frowing to get the HMRC to agree that I had! It was backedated.


hi julesq27 hope you dont mind me askin but can you still get childtax credits an free pacriptions/dentist/school meals as im like you only work 9 hours week an my partner is going to be moveing in after xmas ive been tryin to find this for ages.


Hi csav73

I don't get anything free nor do I get tax credits or child tax credits the only thing I get is child benefit. Think long and hard b4 he moves in. If I was single parent I would be entitled to everything. X


As for ESA that would be correct. If you think you have paid more than claim you must take it up with HMRC to investigate lost contributions.

ESA is based on contributions paid, not credited. Sorry i don't know the full amount as i havent bothered keeping up with current rates.

There maybe extra help you or your husband may be able to claim, but it will be based on joint income, not how many children you have. If his income is above the stated level, you may not qualify for additional help, but its always work checking. On there is a checker to see if you qualify for esa, then it continues into checking what else you ay qualify for. It could be help with council tax, rent, prescriptions, glases dentistry etc, but those take into account your husbands earnings, i believe the figure is pre tax too.

Its a very informative website, but at times it can just go around in circles!!


Sorry its

1 like

No, there's ESA income based too


Hi Jules

There is Contributions-based ESA and income-based ESA (for those who've not paid in enough contributions) but it would depend on your husband's income if you qualify. Maybe go to somewhere independent for advice eg the CAB who should be able to do calculations for you. There are also online sites where you can work out what you're entitled to (sorry, I've not got a link).


The .gov website takes you through step by step if you qualify. To get income based/ what was Income Support it will be based on your husbands earnings and any savings that you have xx


Hi thank you everyone, I've checked we are over their limits but the problem is that although my husbands wages are over the limit they don't count that he has 25% of his income deducted every month of his wages for maintenance so it's not an accurate picture they have and they don't care that he has to pay this and take this in Account. That's a lot of money a month we don't have. I no longer have an income because I'm too ill to work. X


Hi bluebell

The maintenance is not calculated on our joint wages just his wages and Csa don't care if I'm not working or if I'm disabled and sick, the Csa are horrid and are masters in messing up calculations and payments and have done so for the last 7 years. In 6 years it will finally be over and he won't ever have to pay 1 penny more. Can't wait, I wouldn't mind if she actually spent some of the money on the kids needs. Anyway my rant is now over. I'm still trying to come to terms with my diagnosis and just how I want to do things but my body decides otherwise x x x computer says no x


Surely if you can prove the maintenance your husband is paying for his children isn't being spend on them, i guess that also has to cover things like food and home maintenance like heating and electric etc, then your husband would be able to challenge what he pays. After all if they are his children and he is also responsible for them, then by law he must have a say if you know the children aren't being cared for.

When you checked your benefit, did you check if your husband is entitled to child tax credits?

I'm assuming there is still such a benefit. If you haven't, i'd certainly check xx


It's rather very complicated and it's been going on for years, she hS broken the court order a million times and got away with it , we have informed Csa but they don't care.

Child tax credits she gets and child benefit and everything her income is over £2k a month and she lives rent free too. There isn't justice in the system to be honest. I'm just hoping my pip comes through and hope to get ESA in the future. I think they said the next year for their calculations will start I'm January so I will re apply then. I feel awful for not being able to contribute to my home.


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