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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Can periods of less than 13 weeks for mortgage costs be added together when the linking rules apply?

iut044
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Welfare Benefits Adviser, West Lancs Disability Helpline, Skelmersdale

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Total Posts: 206

Joined: 17 June 2010

Hi

I have a client who was claiming Income-Related ESA for six weeks, she completed an SMI form.  She then started work but her job finished after four weeks. She has reclaimed income-related ESA under the linking rules.  Will the period she has already waited been taken into account now?

Employment and Support Allowance regulations 2008:

Schedule 6

Previous entitlement to other income-related benefits
3.—(1) Where the claimant or the claimant’s partner was in receipt of, or was treated as being in
receipt of, an income-based jobseeker’s allowance or income support not more than 12 weeks
before one of them becomes entitled to an income-related allowance or, where the claimant or the
claimant’s partner is a person to whom paragraph 15(2) or (13) (linking rules) refers, not more
than 26 weeks before becoming so entitled and—
(a) the applicable amount for that income-based jobseeker’s allowance or income support
included an amount in respect of housing costs under paragraphs 14 to 16 of Schedule 2
to the Jobseeker’s Allowance Regulations or, as the case may be, paragraphs 15 to 17 of
Schedule 3 to the Income Support Regulations; and
(b) the circumstances affecting the calculation of those housing costs remain unchanged since
the last calculation of those costs,
the applicable amount in respect of housing costs for an income-related allowance is to be the
applicable amount in respect of those costs current when entitlement to an income-based
jobseeker’s allowance or income support was last determined.
(2) Where a claimant or the claimant’s partner was in receipt of state pension credit not more
than 12 weeks before one of them becomes entitled to income support or, where the claimant or
the claimant’s partner is a person to whom paragraph 15(2) or (13) (linking rules) refers, not more
than 26 weeks before becoming so entitled, and—
(a) the appropriate minimum guarantee included an amount in respect of housing costs under
paragraphs 11 to 13 of Schedule 2 to the State Pension Credit Regulations 2002(a); and
(b) the circumstances affecting the calculation of those housing costs remain unchanged since
the last calculation of those costs,
the applicable amount in respect of housing costs for an income-related allowance is to be the
applicable amount in respect of those costs current when entitlement to state pension credit was
last determined.
(3) Where, in the period since housing costs were last calculated for an income-based
jobseeker’s allowance, income support or, as the case may be, state pension credit, there has been
a change of circumstances, other than a reduction in the amount of an outstanding loan, which
increases or reduces those costs, the amount to be met under this Schedule must, for the purposes
of the claim for an income-related allowance, be recalculated so as to take account of that change.

Linking rule
15.—(1) Subject to sub-paragraph (2), for the purposes of this Schedule—
(a) a claimant is to be treated as being in receipt of an income-related allowance during the
following periods—
(i) any period in respect of which it was subsequently determined that that claimant was
entitled to an income-related allowance; and
(ii) any period of 12 weeks or less or, as the case may be, 52 weeks or less, in respect of
which that claimant was not in receipt of an income-related allowance and which fell
immediately between periods in respect of which—
(aa) that claimant was, or was treated as being, in receipt of an income-related
allowance;
(bb) that claimant was treated as entitled to an income-related allowance for the
purpose of sub-paragraph (9) or (10); or
(cc) (i) above applies