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New Enterprise Allowance eligibility - will JSA ‘Credits only’ claim satisfy qualifying criteria? 

Andyp5 Citizens Advice Bridport & District
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The following suggest it does - :

New Enterprise Allowance (NEA) Mentoring 2017 NEA Phase 2 Provider Guidance para 1.18 page 7 see attached

New Enterprise Allowance (JSA claimants) paragraph 21

But i can’t find the relevant legislation underpinning the above. Can anyone point the way please.

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Andyp5 Citizens Advice Bridport & District
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Not convinced the legislation below i.e. Reg 2 would support a ‘JSA Credits only’ claim i.e. ‘credits for unemployment’ would meet the NEA criteria.

But would be happy to be told otherwise!

http://www.legislation.gov.uk/uksi/2013/276/contents

Charles
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DWP splits credits-only cases into two categories: “Credits only Claimants” and “Non-claimants”. The difference is basically whether a claim for JSA was actually made. In the first category, a claim was made, but refused or terminated for whatever reason, and in the second category, a claim was not actually made. This can be found in guidance released in a few FoI requests over the years. See the document attached to this post.

It is precisely this difference which is being detailed in paragraph 21 of the second attachment in your post.

The reasoning behind the difference in treatment, is that the legislation (which you quote) requires that a claim for JSA be made, but does not actually require entitlement to JSA.

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Andyp5 Citizens Advice Bridport & District
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Charles I’ve only just seen your post!

Thank you so much!

Andyp5 Citizens Advice Bridport & District
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We got back to our MP and referred to the guidance above again and Charles’s even more explicit guidance.

We cited The Social Security (Credits) Regulations 1975 ‘Credits for unemployment’ cover both New Style JSA and Old Style JSA (C) referred the DWP to Reg 8A (2) (ba) (i) (ii) i.e. applies to ‘Credits only Claimant’s i.e client’s situation which explicitly refers to New Style JSA. Not to be confused with ‘non-claimant’s’ i.e. Reg 8A (3) (i) (ii).

MP got the following response from the Regional Customer Services people.

‘The information I gave in my last email is correct. It has been taken straight from new style JSA guidance.

The term non-claimant has a different meaning under new style JSA and is the reason I mentioned the note for DWP staff saying not to use the term non-claimant when engaging with individuals. This is to avoid this kind of confusion.

The definition of the non-claimant for new style JSA is, an individual who is applying for NI credits without claiming any other benefits (new style JSA, State Pension and Universal Credit). Non-claimants do not have access to any of the programmes funded by Jobcentre Plus, or external providers.

Ms Z’s new style JSA claim closed when her entitlement exhausted after 182 days. Her access to programmes funded by Jobcentre Plus, or external providers ended when her new style JSA claim closed.

I hope this clarifies the situation’

We’ve asked our MP to go higher up.

Andyp5 Citizens Advice Bridport & District
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See attached letter from Mims Davies Minster for Employment clarifying etc etc.

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Daphne
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Very helpful - thanks Andy :)