We cannot pay you Employment and Support Allowance

rogerblack

assj wrote: »

These are the two conditions listed on all advice pages.

However as you have said, they also say condition 2 is what you have just said

Not quite.
There is no 'one of three years' condition.
http://www.dwp.gov.uk/docs/dmgch41.pdf
ESA - conditions of entitlement.
See 41029 and subsequent.

It is the two complete tax years prior to the beginning of the benefit year that are usually relevant.
Any guides referring to three years are either in error, or quite dated, as it changed over 3 years ago.
http://www.cpag.org.uk/content/contribution-conditions-esa-and-jsa
Please contact them and inform them to either change, or remove the page.

epitome

rogerblack wrote: »

Not quite.
There is no 'one of three years' condition.
http://www.dwp.gov.uk/docs/dmgch41.pdf
ESA - conditions of entitlement.
See 41029 and subsequent.

It is the two complete tax years prior to the beginning of the benefit year that are usually relevant.
Any guides referring to three years are either in error, or quite dated, as it changed over 3 years ago.
http://www.cpag.org.uk/content/contribution-conditions-esa-and-jsa
Please contact them and inform them to either change, or remove the page.

I would say the reason they refer to the last 3 tax years, is just poor wording, they are using -I think- the government's own wording. and they have not bothered to improve the wording.

What it means is that they use 2 years out of the last 3 years. Unless you know what the rules are as to which 2 years they will always use then it can cause confusion.

If you are claiming in Jan Feb or Mar 2013 the last 3 years are:
09/10
10/11
11/12
and the bolded ones will be used.
If you are claiming from April 6th 2013 onwards the last 3 are:
10/11
11/12
12/13
and the bolded ones will be used.