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New style JSA or UC

Hello everyone, hope you can help me.
I haven't worked since 1996. When I left work I signed onto JSA contributory. I became very sick in 1997 and received Incapacity benefit  (contributory) and was then migrated to ESA (contributory -support group -so have income related top-up for enhancement disability). I have an esa assessment this Wednesday and if I fail I intend to go for mandatory reconsideration followed by the courts if necessary. I am trying to avoid signing on for universal credit as I wouldn't be able to go back to esa pending appeal so would be stuck on UC. My question is am I eligible for new style JSA? (as I have always had contributory benefits once after the other?) Or would I have had to have worked for the last two years? Please help! Thanks in advance.

Comments

  • poppy123456
    poppy123456 Member Posts: 24,731 Disability Gamechanger
    Hi,

    No i'm afraid you won't be able to claim New style JSA because for this you need to have worked and paid your NI contributions in the previous 2 tax years.

    My advice to you, if you're found fit for work is not to claim UC if at all possible.

    There's a 5 week wait for your first UC payment anyway so it shouldn't be much longer than that and you could possibly be back onto assessment rate for ESA, once the Tribunal accept your appeal. Most MR decision's remain the same so most have to take it to Tribunal.
  • Catlover64
    Catlover64 Member Posts: 30 Connected
    Thank you Poppy. How come I was awarded contribution based ESA then? And before that I was awarded Incapacity benefit which is contribution based and before that contribution based JSA? They were all linked with no gaps in-between. I thought that if that is the case that I should be eligible for contribution based new style JSA - do you see what I mean? I am a bit confused!
  • poppy123456
    poppy123456 Member Posts: 24,731 Disability Gamechanger
    When you first claimed Contributions based JSA you were most likely working before you claimed, which meant you were entitled to to is.

    Those that were transferred from IB to ESA were automatically placed onto contributions based ESA whether you worked previously or not. As i advised you won't be able to claim new style JSA because you need to have worked and paid your NI contributions in the previous 2 tax years.
  • Catlover64
    Catlover64 Member Posts: 30 Connected
    Oh ok, I was thinking that my N.I. credits would have been enough, seems not then. Could have sworn I saw a thread somewhere saying that because it was what made me look it up but damned if I can find it now! Thanks for your trouble Poppy. 
  • poppy123456
    poppy123456 Member Posts: 24,731 Disability Gamechanger
    I'm afraid whatever it was you thought you read, it's not correct. No worries.
  • Catlover64
    Catlover64 Member Posts: 30 Connected
    Hi everyone.
    Before I posted on here I had emailed the CAB and only just received  a reply. This is what is says :

    You will be able to apply for new style JSA by completing the form online or applying through your local job centre.

    Unfortunately I will not be able to find loopholes for you. However, you may be eligible to contribution based JSA if you apply within 12 weeks of your contribution based ESA stopping. This will link your new contribution award to the last one. This will mean they will not look at the last two years of national insurance payments.

    Can anyone tell me where I stand please as according to the forum comments above this isn't the case? I am getting more and more confused. Many thanks in advance!

  • poppy123456
    poppy123456 Member Posts: 24,731 Disability Gamechanger
    The advice you've been given by CAB is incorrect. You won't be able to claim New style JSA because you haven't worked and paid NI contributions in the previous 2 tax years. Claiming a benefit only pays your NI credits towards your state pension. My previous advice still applies.

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