With Minimum Heading Level set to 1 and Heading 1 used I get an empty entry at the top of my TOC:lvl1.png
So, I check here...
min1.png
Then set Minimum Heading Level to 2, change my Heading 1 lines to Heading 2, and:
min2lvl2.png
All is right with the world.
Why?
Ensure that the TOC macro itself does not have a style of H1 or H2 applied to it. Put the cursor immediately after the macro (on the same line) and apply Paragraph style.
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