UC migration from ESA support group as a couple

Hi NY

Yes he should have been receiving credits as per 8B(2)(iv), (iva) or (v) of the Social Security (Credits) Regulations 1975” (SI 1975/556).

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8B.—(1) F3… For the purposes of entitlement to any benefit by virtue of a person’s earnings or contributions, he shall be entitled to be credited with earnings equal to the lower earnings limit then in force, in respect of each week to which this regulation applies.

(2) Subject to paragraphs [F4(2A),] (3) and (4) this regulation applies to—

[F5(a)a week in which, in relation to the person concerned, each of the days—

(i)was a day of incapacity for work under section 30C of the Contributions and Benefits Act (incapacity benefit: days and periods of incapacity for work); or

(ii)would have been such a day had the person concerned claimed short-term incapacity benefit or maternity allowance within the prescribed time; or

(iii)was a day of incapacity for work for the purposes of statutory sick pay under section 151 of the Contributions and Benefits Act and fell within a period of entitlement under section 153 of that Act; or

(iv)was a day of limited capability for work for the purposes of Part 1 of the Welfare Reform Act (limited capability for work) or would have been such a day had the person concerned been entitled to an employment and support allowance by virtue of section 1(2)(a) of the Welfare Reform Act; or

[F6(iva)would have been a day of limited capability for work for the purposes of Part 1 of the Welfare Reform Act (limited capability for work) where the person concerned would have been entitled to an employment and support allowance but for the application of section 1A of that Act; or]

(v)would have been a day of limited capability for work for the purposes of Part 1 of the Welfare Reform Act (limited capability for work) had that person claimed an employment and support allowance or maternity allowance within the prescribed time;]

David

Hi NY

You need to complete this form asking for a reconsideration.
assets.publishing.service.gov.uk/media/6...sion-made-by-dwp.pdf

If you are able to get to a Jobcentre you can ask them to photocopy it and have the copy stamped as a Certified True Copy. Then ask them to deliver the form via their internal post.

David