Incapacity benefit

donaldfleming

When someone has been in receipt of Incapacity Benefit for several years and whose claim has been terminated, would they qualify for contributions based Jobseekers Allowance for 26 weeks, at a rate of £65.45, weekly, as they have presumably been credited with National Insurance Contributions during their period of incapacity?

stazi

Sorry, no, you would not qualify for JSA(C) based soley on IB credits. This is because to qualify for Jsa(c), you need to have paid enough Class 1 employed NIC in at least one of the 2 tax years used.

cassieB57

donaldfleming wrote: »

When someone has been in receipt of Incapacity Benefit for several years and whose claim has been terminated, would they qualify for contributions based Jobseekers Allowance for 26 weeks, at a rate of £65.45, weekly, as they have presumably been credited with National Insurance Contributions during their period of incapacity?

I dont think he would be claiming on those years-if a claim to JSA links with the period of incapacity then the tax years used for the incap claim would be the ones used to calculate JSA'C' entitlement

stazi

Sorry cassieB57, there is no link between IB & JSA claims, therefore the tax years used would be different. The 'linking' - meaning using the same tax years for sick and unemployed claims - ended in 1995 with the introduction of IB.

ceecee1

From the dim and distance past of my memory I would say Yes you would. (unless things have changed:()

It used to be called the alternative contribution condition. This was if the national insurance credits had been awarded for a period that you had been entitled to receive the benefit then they entitled you to another contributory benefit using those credits.

If you were only entitled to 'credits only' then they did not qualify you for benefit. You had to receive Incapacity Benefit.

My apologies if things have changed... but it might be worth asking if you do not qualify - not everyone is a dinasour like me !!!

stazi

ceecee1- please see my post #2. Enough Class 1 NIC must be paid in one of the 2 tax years to qualify for JSA(C). AFAIK the alt cont condition never applied to JSA claims- only IB claims.

cassieB57

would it not be the case though, if they had been claiming JSA immediately before IB-then the PIE would start when the 1st JSA claim was made and the relevent benefit year would be the one when the 1st claimwas made?
(PIE=period of interruption of employment)

stazi

'PIE's ceased from 13/4/1995 with the introduction of IB. For IB, a PIE became a PIW. From 13/4/1995, a PIW did not link with a UB PIE, and when JSA was introduced in 1996 they began to use JSP's (Job Seeking Period's).

There never has been a link between a PIW and a JSP.

With the introduction of IB's replacement of ESA in 2008, JCP now use a 'PLCW'- Period for Limited Capability for Work- which again does not link with either an IB PIW, a SSP PIW or a JSA JSP.

cassieB57

....which only goes to prove..there are too many acronyms in DWP!!-really should stop now my brain is not functioning so well this time in the morning!