- Posts: 51057
× Members
Gaps and linking rules for ESA
- welshflier
- Topic Author
12 years 10 months ago #59466 by welshflier
Gaps and linking rules for ESA was created by welshflier
Hi
I know the 12 month limit starts in April 2012 for contribution-based ESA and applies retrospectively.
Does anyone know yet what the linking rules will be? For example, if two claims are based on different contribution years, but occur with only a short break between the two claims.
My original claim was in July 2010, and I stopped claiming at the end of May 2011 because my 6-8 hours work took me over the permitted earnings. It's quite possible that I may need to reclaim later this year or early next year when my income drops below the permitted rate.
Anne
I know the 12 month limit starts in April 2012 for contribution-based ESA and applies retrospectively.
Does anyone know yet what the linking rules will be? For example, if two claims are based on different contribution years, but occur with only a short break between the two claims.
My original claim was in July 2010, and I stopped claiming at the end of May 2011 because my 6-8 hours work took me over the permitted earnings. It's quite possible that I may need to reclaim later this year or early next year when my income drops below the permitted rate.
Anne
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
12 years 10 months ago #59483 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Gaps and linking rules for ESA
welshflier
I assume when you refer to the linking rules, you are actually referring reclaining ESA(CB), as the ESA Linking Rules remain unchanged.
As you say the one year restriction does not come into affect until April 2012, so any re-claim for ESA(CB) before then will use the existing rules with regard to qualifying NI records.
After April 2012, the modification is that one of the qualifying years must be later than those that were used to originally qualify for ESA(CB). How this is intended to work in practice is still not clear, but I doubt it will be in the favour of claimants.
You say you are working at the moment, I assume that Class 1 NI credits are being paid on your behalf, or that you are purchasing Class 2 credits if self-employed.
Gordon
I assume when you refer to the linking rules, you are actually referring reclaining ESA(CB), as the ESA Linking Rules remain unchanged.
As you say the one year restriction does not come into affect until April 2012, so any re-claim for ESA(CB) before then will use the existing rules with regard to qualifying NI records.
After April 2012, the modification is that one of the qualifying years must be later than those that were used to originally qualify for ESA(CB). How this is intended to work in practice is still not clear, but I doubt it will be in the favour of claimants.
You say you are working at the moment, I assume that Class 1 NI credits are being paid on your behalf, or that you are purchasing Class 2 credits if self-employed.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- welshflier
- Topic Author
12 years 10 months ago #59553 by welshflier
Replied by welshflier on topic Re:Gaps and linking rules for ESA
Hi Gordon
Thanks for the clarification.
I'm not actually earning enough for class 1 NI (I'm a company director, so there are special NI rules that mean it's worked out on earnings over the time employed rather than weekly), but I am also self-employed so may choose to pay class 2.
Anne
Thanks for the clarification.
I'm not actually earning enough for class 1 NI (I'm a company director, so there are special NI rules that mean it's worked out on earnings over the time employed rather than weekly), but I am also self-employed so may choose to pay class 2.
Anne
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris