ESA(c) 12 Mth Limit?

MissPink wrote:

This is interesting - do I take it to mean that the legislation is such that:
Anyone who has paid any NI Contributions in the tax year prior to the year they are claiming benefit will be entitled to ESA (cb)and not subject to the 12 month limit if they are in the WRAG and on ESA (CB)?

Crikey - how complicated it all is!!

This is a complicated subject

The 12 month limit and eligibility for ESA(CB) are seperate subjects and are not linked. So as an extreme example, there may be (I'm not saying there are), circumstances where a claimant loses their ESA(CB) due to the 12 month limit, and is still eligible to claim ESA(CB) the next day.

It is also important to note the Welfare Reform bill, which introduces the 12 month limit, also changes the rules for qualifying for ESA(CB), so current rules are only partially relevant.

I don't believe it is the Governments intention that someone who has been time limited for ESA(CB), should be able to make a new claim for ESA(CB) immediately.

Gordon

See the following FAQ for the latest on he Welfare Reform bill.

Welfare Reform Bill 2011

Gordon