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Linking rule
- bobbiejo
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10 years 7 months ago - 10 years 7 months ago #110614 by bobbiejo
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Hello
Out Of curiosity I am wondering if anyone knows if you are awaiting for an appeal date and on the assessment rate for 365. days and you are coming towards the end of your 365 days if you feel able to try and work a say 12 hours per week can you use the 12 week linking rule.
kate
Out Of curiosity I am wondering if anyone knows if you are awaiting for an appeal date and on the assessment rate for 365. days and you are coming towards the end of your 365 days if you feel able to try and work a say 12 hours per week can you use the 12 week linking rule.
kate
Last edit: 10 years 7 months ago by . Reason: Tick.
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10 years 7 months ago #110619 by Gordon
Have you looked to see whether you would qualify for Income Related ESA.
To answer your question, in principle yes, but it is not as easy as you think.
First a re-claim, or to be precise, a new claim will be based on the two complete Tax Years preceding the current Benefit Year, so for 2013, these would be 2010-11 and 2011-12, if you do not have NICs in these Tax Years, you will not qualify.
You would need to earn enough so that you actually receive NI Contributions or at the very least exceed the Lower Earnings limit (£109/week), and are credited with NI Contributions. Any NICs earned now may not be available to use with a new claim until 2015 (tax year 2013-14).
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Linking rule
kate wrote: Hello
Out Of curiosity I am wondering if anyone knows if you are awaiting for an appeal date and on the assessment rate for 365. days and you are coming towards the end of your 365 days if you feel able to try and work a say 12 hours per week can you use the 12 week linking rule.
kate
Have you looked to see whether you would qualify for Income Related ESA.
To answer your question, in principle yes, but it is not as easy as you think.
First a re-claim, or to be precise, a new claim will be based on the two complete Tax Years preceding the current Benefit Year, so for 2013, these would be 2010-11 and 2011-12, if you do not have NICs in these Tax Years, you will not qualify.
You would need to earn enough so that you actually receive NI Contributions or at the very least exceed the Lower Earnings limit (£109/week), and are credited with NI Contributions. Any NICs earned now may not be available to use with a new claim until 2015 (tax year 2013-14).
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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10 years 7 months ago - 10 years 7 months ago #110623 by bobbiejo
Replied by bobbiejo on topic Linking rule
t
Thank you Gordon
I was on sickness benefit since 1988 after been involved in a horrific accident I had regular assessments over the years and was transferred over to the awful ESA system January this year I got 6 points at my medical which was full of flaws hence my appeal, so I don't suppose I would have enough NIC 's or would I ? ( hope I am making sense ). The job I saw was below £106.
Kate
Thank you Gordon
I was on sickness benefit since 1988 after been involved in a horrific accident I had regular assessments over the years and was transferred over to the awful ESA system January this year I got 6 points at my medical which was full of flaws hence my appeal, so I don't suppose I would have enough NIC 's or would I ? ( hope I am making sense ). The job I saw was below £106.
Kate
Last edit: 10 years 7 months ago by Gordon.
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10 years 7 months ago - 10 years 7 months ago #110624 by Gordon
If you were on IB or IS due to incapacity prior to being moved to ESA then you will not have any NI Contributions in the two qualifying Tax Years as you only receive NI Credits when receiving benefits.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Linking rule
kate wrote: t
Thank you Gordon
I was on sickness benefit since 1988 after been involved in a horrific accident I had regular assessments over the years and was transferred over to the awful ESA system January this year I got 6 points at my medical which was full of flaws hence my appeal, so I don't suppose I would have enough NIC 's or would I ? ( hope I am making sense ). The job I saw was below £106.
Kate
If you were on IB or IS due to incapacity prior to being moved to ESA then you will not have any NI Contributions in the two qualifying Tax Years as you only receive NI Credits when receiving benefits.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 7 months ago by Gordon.
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10 years 7 months ago #110626 by bobbiejo
Replied by bobbiejo on topic Linking rule
Thank you.
I just hope i can win my appeal to get into the support group, I lie awake at night worrying how we will cope without my money.
KATE
I just hope i can win my appeal to get into the support group, I lie awake at night worrying how we will cope without my money.
KATE
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10 years 7 months ago - 10 years 7 months ago #110627 by
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Yes k,
Don't get NI Credits mixed up with NI Contributions paid whilst in employment.
As Gordon states, currently the relevant tax years are 10/11 and 11/12.
You must have the requisite 26 NI Contribution stamps gained through employment in any one of these years.
As it seems that you have been in receipt of benefits since 1988, you will not have these, you will only have NI Credits.
Whereas with IB, as long as you had the requisite number of NI Contributions to start with, your entitlement to IB was continuous. As a result of The 2012 Welfare Reform Act, payment of CB ESA was limited to 365 days only, unless you are in The SG.
bro58
Don't get NI Credits mixed up with NI Contributions paid whilst in employment.
As Gordon states, currently the relevant tax years are 10/11 and 11/12.
You must have the requisite 26 NI Contribution stamps gained through employment in any one of these years.
As it seems that you have been in receipt of benefits since 1988, you will not have these, you will only have NI Credits.
Whereas with IB, as long as you had the requisite number of NI Contributions to start with, your entitlement to IB was continuous. As a result of The 2012 Welfare Reform Act, payment of CB ESA was limited to 365 days only, unless you are in The SG.
bro58
Last edit: 10 years 7 months ago by .
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