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New style ESA – National Insurance contributions tests
Comments
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1) The regulations provide for some circumstances in which a relaxation of the usual rules applies. This is not the same as a discretionary power and no such power is provided forin the regulations.
2) A DLA, or PIP, is not not evidence of LCW as the tests are different and people in full time work may still qualify for DLA/PIP
3) Credits and contributions are different. If they weren’t everyone satisfying the two year requirement for credits/contributions would, by definition, meet the 26 week contributions requirement which would make it pointless having two requirements. Note the difference in wording between ‘contributions credited’ and ‘contributions paid or treated as paid’.
Much as you would like it to be otherwise, I think the flesh has been well and truly stripped off this horse.
Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.2
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