Don't qualify for ESA support group through ESA NI

Hi wonder if you can help. I was asked to call my Job Centre this week (apparently they need to keep in touch from time to time). I'm on contributions based ESA, I went past 365 so now am only getting NI credits paid. I thought that as there has been no break in my benefit this meant that if my condition changed and got worse I could still apply for the Support group and would then receive benefit as well as NI credits. She told me that this definitely wasn't the case and that the NI credits would only cover my pension and the only way I'd qualify for contributions based ESA again is by working for 3 years. I've got a chronic long term fluctuating condition and my partner works (so I won't get income based ESA). I checked with the DWP and they said the same?!?! Is this how you understand it to work?

Hi Thanks for that reply. When I spoke to DWP person they said that I could be put in SG but it'd make no difference to the money I received because it went on my NI contributions and because I'd been in receipt of ESA benefit until Aug '13 I wouldn't have enough contributions for the previous year to qualify?

Is there any way I can prove what your saying to them? I found the JCP sheet (below) called Changes To contributions-based ESA I think says it would be reinstated but the JC person interpreted it differently and said it referred to people who'd had a 12 wk break and had paid enough contributions in that time?!? Do you have any other government references to it that explain this in writing?
Welfare Reform Act 2012 pdf doc
I think you're right but I'm at a loss as to what to do because the whole team down here agreed with her and so did DWP.

Hi Gordon
Thanks for that. My understanding is exactly as you have explained it. The first scenario is exactly what I'm asking about.

However, I've looked at the DWP guidance you attached, but para 27 seems to say what they're saying that its dependent on the relevant tax year:

"DMs are reminded that they should always firstly consider whether a
claim could succeed because one of the tax years for the second contribution
condition is later than those on which the earlier award was based, before
consideration is given to a further award solely based on deterioration in their health" Even the example I hoped would prove it mentions contributions from a later year.

It seems they're being instructed to treat the deterioration as a second fresh condition and new application which I think is what they were telling me and why they were going on about contributions.

I'm sorry if I'm being thick - I do find it incredibly confusing it's literally giving me quite a headache! Please can you give me the exact para that would explain it to them beyond doubt.

I thought my NI credits would satisfy the requirements even if they did look at it afresh, but apparently not.