JSA and seeking credits only

Client has exhuasted her 26 week entitlement to contributory JSA.

Knows she will NOT have entitlement to JSA(IR) as partner in full time employment.

Wants to carry on “signing on” and activly seeking work to receive NI Credits.

JC+  saying she MUST first apply for JSA(IR) and be given a decision of non entitlement before she can get her NI Credits.

Is this correct???? Surely she should just be allowed to sign on as normal to get credits but no payment.

Can she be made to apply for a benefit she knows she does not qualify for???

The way i interpret it is that CBJSA and IRJSA are 2 completely different benefits.
If CBJSA is no longer claimable then she must make a new claim for IRJSA. I am getting this a lot with ESA claimants whose CBESA runs out after 12 months, and must make a new claim for IRESA. Same difference as far as i can tell.

“JC+  saying she MUST first apply for JSA(IR) and be given a decision of non entitlement before she can get her NI Credits.

Is this correct????”

No.  Written notice must be given for credits for unemployment containing certain information (such as availability for work, etc), some or all of which might have already been given with the original claim.  If there had been no Con/JSA claim then completion of a claim form might be sensible, but might not be necessary in these kinds of cases if the required information, other than the notice itself, has already been given.  See reg 8A (2)(b) and (3) of The Social Security (Credits) Regulations 1975

Thanks for replys folks. Nevips argument is how I feel on the issue. She should not have to make a new claim.
I know what Benefitsadvior is saying but the argument actually backs up my viewpoint. Yes folk have to claim IRESA when CESA expires IF they have a financial entitlement. They do NOT have to claim IRESA in order to be granted credits as this will automatically continue even after actual payment entitlement expires.