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re 12 month limit of ESA contribution base

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12 years 6 months ago #66591 by Gordon
Gareth wrote:

Having looked into this and received correspondence from the ESA Policy Team (via my MP) it would appear that at the end of one's one year on CB ESA (if placed in the WRAG) provided there is a gap of 12 weeks then one can submit another claim for CB ESA.

I don't believe this is correct, the one year is a total, not per period in the WRAG, so once you have been in the WRAG for a total of 12 months you cannot reclaim ESA(CB) without re-qualifying for it through your NI history, which requires at least one "year" of receiving qhalifying NI credits that is after the previous period of benefit.

This is documented in the Welfare Reform Bill explanatory notes.

Gordon

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12 years 6 months ago #66592 by Gareth56
Replied by Gareth56 on topic Re:re 12 month limit of ESA contribution base
pete17971 wrote:

Gareth wrote:

pete17971 wrote:

Gareth wrote:

Having looked into this and received correspondence from the ESA Policy Team (via my MP) it would appear that at the end of one's one year on CB ESA (if placed in the WRAG) provided there is a gap of 12 weeks then one can submit another claim for CB ESA.


Hi Gareth,

That's interesting.

So, are they saying after the 12 week gap one reclaims ESA and if successful in the WRAG restarts another 12 months of ESA WRAG (Contrib) and then the whole process goes round again?

It seems a bit too good to be true to be honest!!

Pete


I can only convey what I've been told by my MP via the ESA Policy Team. I can copy what they emailed me if you would like to read it.






Hi Gareth,

Yes if you could, it would be much appreciated. Or if you would rather not post it on the forum if it contains anything personal etc, could you forward a redacted version to Steve?

Cheers

Pete



I've no problem posting anything here!! ;)

ESA Policy Team Response:-

"A fresh claim for contributory ESA can be made after the 1 year expires at any time. However, if the claim is made within 12 weeks of the first claim expiring the linking rules will apply, and no contributory ESA will then be paid if that person is placed in the WRAG again. A fresh claim for contributory ESA will only succeed within 12 weeks if that person is placed in the Support Group because time limiting will not apply to the Support Group.

Also, income-based ESA will not be time limited under current proposals whichever group people are placed in. People are able to claim income-based ESA after the 1 year expires if they satisfy the relevant qualifying conditions."

I made Steve aware of this revaluation when I became privy to them back in June.

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12 years 6 months ago #66599 by Gareth56
Replied by Gareth56 on topic Re:re 12 month limit of ESA contribution base
Gordon wrote:

Gareth wrote:

Having looked into this and received correspondence from the ESA Policy Team (via my MP) it would appear that at the end of one's one year on CB ESA (if placed in the WRAG) provided there is a gap of 12 weeks then one can submit another claim for CB ESA.

I don't believe this is correct, the one year is a total, not per period in the WRAG, so once you have been in the WRAG for a total of 12 months you cannot reclaim ESA(CB) without re-qualifying for it through your NI history, which requires at least one "year" of receiving qhalifying NI credits that is after the previous period of benefit.

This is documented in the Welfare Reform Bill explanatory notes.

Gordon


Damian may have found a way through the maze of the NI Regs pertaining to CB ESA but there again who knows!!

Here

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12 years 6 months ago - 12 years 6 months ago #66611 by Gordon
Gareth wrote:

Damian may have found a way through the maze of the NI Regs pertaining to CB ESA but there again who knows!!

Here

Yes, I've seen this argument, the problem is that I believe the DWP have changed the rules for ESA(CB) so that only the last two years are taken into account, so this scenario does not work.

Even if the above is not the case, anybody in receipt of benefits for more than two years, and that figure may be a lot less in practice, depending on income and when claims are made, would not meet the exception described.

So at best, only a very, very smal number of people might manage a re-claim.

Gordon

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Last edit: 12 years 6 months ago by Gordon.

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12 years 6 months ago #66621 by Gareth56
Replied by Gareth56 on topic Re:re 12 month limit of ESA contribution base

Gordon wrote:
Yes, I;ve seen this argument, the problem is that I believe the DWP have changed the rules for ESA(CB) so that only the last two years are taken into account, so this scenario does not work.


Well if you can find any references to that assertion then I'd be more than happy to take them with me the next time I meet with my MP to discuss this matter with him. :)

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12 years 6 months ago #66627 by Gordon
Gareth wrote:

Well if you can find any references to that assertion then I'd be more than happy to take them with me the next time I meet with my MP to discuss this matter with him. :)

See the following;

Decision Maker Guide
Volume 8 – Employment and Support Allowance
Amendment 8 – July 2011

41029 changes the number of qualifying years for the first contribution condition from 3 years to 2 years.

Gordon

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