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ESA 365 day rule
Comments
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You didn't say when in August it was finishing.
If you don't think you are entitled to SG, I advise you to make a new claim to ESA C - 12 weeks and 2 days after the exhauston date. Do not back date the new claim. You will probably get another 365 days.
To do the new claim go to a Jobcentre and get an ESA1 form fill it in for Conts only, i.e. not Income Related. Do not accept 'no' for an answer when you request the form. You are allowed to do this.0 -
OP has transferred from IB, which means he probably does not have the NI contributions in the relevant years to make a renewed ESA claim.I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0
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zzzLazyDaisy wrote: »OP has transferred from IB, which means he probably does not have the NI contributions in the relevant years to make a renewed ESA claim.
The answer related to a subsequent question asked by someone who wasn't the orginial op and only finished work last June. Should have started a new thread and you wouldn't have got confused
"You've been reading SOS when it's just your clock reading 5:05 "0 -
You didn't say when in August it was finishing.
If you don't think you are entitled to SG, I advise you to make a new claim to ESA C - 12 weeks and 2 days after the exhauston date. Do not back date the new claim. You will probably get another 365 days.
To do the new claim go to a Jobcentre and get an ESA1 form fill it in for Conts only, i.e. not Income Related. Do not accept 'no' for an answer when you request the form. You are allowed to do this.
To do this the claimant will need to close their claim, and then reclaim after the 12 weeks. No point in making a new claim when there is still an active credits only claim, as they will be linked.0 -
No that rule only applies to JSA claims. In ESA he remains entitled to NI credits only and can claim again after 12 weeks and they won't link.0
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