Won ESA but on what regulations

Metallichick wrote:

Thank you Gordon

What is the additional requirement included in the Welfare Reform Act?

One of the years used for Condition Two of the contribution test, must be later than the years used when the claimant originally qualified.

Gordon

Metallichick wrote:

Sorry to sound thick Gordon but i don't understand??

I'm trying not to go into detail, which will likely confuse members further The Conditions are complicated and quite long winded to explain.

There are two Conditions for being entitled to a Contribution Based benefit;

The first Condition looks at their NI Contributions during one of two preceding, qualifying years.

The second Condition looks at the NI Contribution/Credita during the two preceding, qualifying years.

The additional requirement applied to this second Condition, so as an example; if your original qualifying years were 10/11 and 11/12 then you would need an additional and new qualifying year of at least 12/13 to re-apply.

Gordon

There are other methods of meeting Condition one that I have not included.

Metallichick wrote:

Meh.... I think i get it? Have you got a link so perhaps i can have a read?

Decision Makers Guide Capter 41 paragraph 41021 onwards

www.dwp.gov.uk/docs/dmgch41.pdf

Welfare Reform Act 2012 clause 51 paragraph 3

www.legislation.gov.uk/ukpga/2012/5/contents/enacted

Gordon