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NS ESA credits only claim
Hi
Quick query. If a client has a NS ESA credits only claim running and has been placed in the support group, if they decided to make a claim to UC, would the wait period apply or would LCWWRA element apply from the outset?
Thanks
Paula
From the outset as per reg 28 (5) (b) of the UC Regs 2013.
Reg 28(5)(b) applies where the claimant is entitled to ESA. In a “credits only” case, they are not: they get NI credits if they would have been entitled to ESA but for having insufficient contributions and/or having already had a year in the WRA group.
NI credits are not ESA unfortunately.
The UC (Transitional Provisions) Regs allow the LCWRA element to be awarded immediately when someone has NI credits in lieu of old-style ESA, but the same does not apply to credits awarded in lieu of new style ESA.
Reg 28 doesn’t provide very clearly for the “relevant period” to begin in a case like this, where the claimant has been assessed as having LCWRA and does not need to go through a further assessment, but I suppose we have to read it as the claimant providing evidence at the point when they say “Oh by the way I already have LCWRA”
The UC (Transitional Provisions) Regs allow the LCWRA element to be awarded immediately when someone has NI credits in lieu of old-style ESA, but the same does not apply to credits awarded in lieu of new style ESA.
Are there technically two types of credits?
I know the TP Regs state “if he or she was entitled to old style ESA”, but I’m not convinced this isn’t satisfied even where the claimant would have been entitled to NS-ESA had they actually been entitled to benefit.