Reclaiming contribution based ESA after 365 days

[glasgowadviser]

I am putting this in its own thread so it can be refered to as I see the 365 rue come up regularly.

Some claimants who reach 365 days and don't meet the support group criteria can break their claim for 12 weeks and one day and then reclaim and start from the beginning.

Should you do this prior to 5th January 2014 the tax years 10/11 and 11/12 are key.

During Both tax years you must have been paid or credited with a stamp for at least 50 weeks.

During One tax year you must have paid via employment 26 weeks worth of stamps.

This is basic but it's just to make posters aware I can be possible.

If you think this may apply to you please seek good quality advice for assistance

[susieboots]

Wow, this is excellent. As you say, the question frequently comes up, and it must be difficult for anyone to trawl through the threads to find information previously posted.

[Jard]

"that might even be what you are saying"

I think it is Dave, though with a little more precision - seems the '26weeks cons from employment' is key, so not suitable for anyone on long term IB/ESA.

[wobble1]

A further claim for contribution-based ESA where the claimant has already been entitled for 365 days on the basis of the contribution conditions can succeed if the claimant satisfies the first and second contribution conditions … and
in relation to the second contribution condition, at least one tax year is later than the second of the two years on which the previous entitlement was based.“ (paragraph 23)

that might even be what you are saying

I've a feeling it is.
I think it would only apply in a very few instances for those with intermittent short term issues as far as I can see.

[FredTheFrog]

I am putting this in its own thread so it can be refered to as I see the 365 rue come up regularly.

Some claimants who reach 365 days and don't meet the support group criteria can break their claim for 12 weeks and one day and then reclaim and start from the beginning.

Should you do this prior to 5th January 2014 the tax years 10/11 and 11/12 are key.

During Both tax years you must have been paid or credited with a stamp for at least 50 weeks.

During One tax year you must have paid via employment 26 weeks worth of stamps.

This is basic but it's just to make posters aware I can be possible.

If you think this may apply to you please seek good quality advice for assistance

Bits right but also bits wrong, it is more complicated

[glasgowadviser]

I don't think this is true IMO of course, if you really think this please post a link to the DMG where its set out or an upper Tribunal report giving details of this being allowed and ESA CB being re allowed.

On what I know and read which is not a lot I would say a few people not many MIGHT get another year IF they reapply within 12 weeks of the 365 days ending

that's based on http://www.dwp.gov.uk/docs/m-13-12.pdf

where it says

A further claim for contribution-based ESA where the claimant has already been entitled for 365 days on the basis of the contribution conditions can succeed if the claimant satisfies the first and second contribution conditions … and
in relation to the second contribution condition, at least one tax year is later than the second of the two years on which the previous entitlement was based.“ (paragraph 23)

that might even be what you are saying

if your reclaim within 12 weeks your claims are linked and therefore the same tax years as when you first claimed would be used but as its a linked claim you would have exhausted your 365 days and receive no payment.

If you end your for 12 weeks and a day it is no longer a linked claim but a brand new one therefore the tax years used would be (up until the start of next year) 10/11 and 11/12.

it only assists a small number of claimants but some people can benefit all the same.

there is nothing within the dmg to cover this as they will simply be treating it as a new claim, the upper tribunal also only interfere on points of law raised at lower tribunal therefore unless this is disputed by the dwp and the upper tribunal are asked to comment on it it wont be.

[glasgowadviser]

"that might even be what you are saying"

I think it is Dave, though with a little more precision - seems the '26weeks cons from employment' is key, so not suitable for anyone on long term IB/ESA.

thats correct.

generally it will be someone who has worked, claimed esa, had their year and then breaks and reclaims.

[glasgowadviser]

Bits right but also bits wrong, it is more complicated

agreed but thats why i added seek advice if you think it may apply.

[FredTheFrog]

if your reclaim within 12 weeks your claims are linked and therefore the same tax years as when you first claimed would be used but as its a linked claim you would have exhausted your 365 days and receive no payment.

If you end your for 12 weeks and a day it is no longer a linked claim but a brand new one therefore the tax years used would be (up until the start of next year) 10/11 and 11/12.

don't need to end claim just wait 12 weeks from ESA(CB) stopping

there is nothing within the dmg to cover this as they will simply be treating it as a new claim,

it is in DMG

Also one tax year must be new

[janlou]

Hi I am new to this and totally confused...My ESA is due to stop on 30th July 2013, however I won my appeal and the Judge said I would be put in the Work Related Activity Group....I phoned the DWP about this, and I was told to claime Income Based ESA..
Just got the forms to fill in, and my husband works 30hrs, so I dont qualify for Income Based ESA!!! Is this true? Coz if it is we will not be able to live and support our 3 children.

Jan