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ESA (contrib) does this sound right?

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  • spiff
    spiff Posts: 63 Forumite
    Ahhh now I understand thank you, could she re apply in Jan? what about applying for income based (which will fail as I work f/t and earn more than limit) but someone mentioned NI credit? would she still be able to reapply in Jan?
  • NASA_2
    NASA_2 Posts: 5,571 Forumite
    spiff wrote: »
    Ahhh now I understand thank you, could she re apply in Jan? what about applying for income based (which will fail as I work f/t and earn more than limit) but someone mentioned NI credit? would she still be able to reapply in Jan?
    She can apply again in January and ask for it to be treated as a new claim under the new tax years. There is explicit provision for this in the rules which I have quoted below.

    If you work full time your partner will not receive Income Related.

    41027 The modification in DMG 41026 applies to a claimant who1
    1. does not satisfy
    1.1 the first or second contribution conditions or
    1.2 both conditions and
    2. would satisfy the conditions in 1. if that modification applied.
    1 ESA Regs, reg 13(2)
    41028 This enables a claimant to become entitled to ESA(Cont) on a further claim in a subsequent benefit year where
    1. they now satisfy the contribution conditions and
    2. an earlier ESA claim was disallowed because they did not satisfy one or both of the contributions conditions when the PLCW began.
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