ESA application turned down due to lack of NI contributions

  • 1 reply
  • 4 subscribers

Hi, wife has bowel cancer and has not worked since may. Since then she has had stoma bag fitted, radiotherapy and now undergoing chemo. She worked part time and her hours/pay means she is not entitled to sick pay. I therefore applied for ESA for her but this has been turned down as she has not paid NI contributions in last 2 years. No NI has been paid due to her work income being below NI threshold. Is this an avenue to appeal decision? or is ESA only applicable where NI paid or credits received. She can't get universal credit. Thanks

  • Hi ,

    Thank you for contacting us here at Macmillan.  My name is Sian and I am a Work Support Advisor on Macmillan’s National Support Line.  My team provides guidance on your rights at work when you are affected by cancer.

    I’m so sorry to read that you have found that your wife is entitled to neither sick pay nor Employment Support Allowance (ESA). In addition, it sounds as though you have had to put in a lot of effort only to find this out.   

    As your query relates to state benefits, I would strongly advise that you get in touch with our team of Welfare Rights Advisors here at Macmillan. They can talk to you about the appeals process for ESA and guide you through the process as applicable. They can also make sure that you are claiming all of the financial support for which you are eligible. The team is not currently on the Ask an Expert forum but can be contacted by calling 0808 808 0000 and selecting options 1, 2 and 2. They can also be contacted via LiveChat and by Email. Their opening hours are 8am until 8pm Monday to Friday and 9am until 5pm on Saturday and Sunday  It would be helpful for you to have details of your household income, main outgoings (such as council tax, rent/mortgage and utility bills) and details of any savings and investments to hand when you contact them. They will be happy to support you from there.

    Work Support Adviser
    Remember you can also speak with the Macmillan Support Line team of experts. Phone free on 0808 808 0000 (7 days a week, 8am-8pm) or by email.