Old-style C-ESA, New-style C-ESA, Linking rules & NI Contributions

I have the following query relating to old-style C-ESA, new style C-ESA, linking rules & NI Contributions.

I have a service user who is currently in receipt of old-style C-ESA. He will have been in receipt of old-style C-ESA for a number of years – since he claimed in September 2015.

He is currently undertaking some permitted work (and has done since around July 2020).

He is considering trying to work full-time and so will end his old-style C-ESA claim.

He does not receive any means-tested benefits (and so has no entitlement to a severe disability premium).

However, he is concerned as to whether he will be able to manage full-time in the work environment. My questions are:

1. If he is unable to manage full-time work and wants to reclaim C-ESA then he will not be able to make a fresh claim for old-style C-ESA. Is this correct?
2. If he makes a new claim for new-style C-ESA within 12 weeks of the previous claim for old-style C-ESA ending, will he be covered by the linking rules? I assume there is nothing that prevents the linking of periods limited capability for work if separated by less than 12 weeks to connect the old-style & new-style C-ESA so that he can rely on his NI contribution record from the claim he made in September 2015.
3. If he makes a new claim for new-style C-ESA more than 12 weeks after the claim for old-style C-ESA ended then he will have to rely on either of the 2 tax years prior to the benefit year in which he makes the new claim to satisfy the NI contribution conditions. Is this correct?

I hope I’ve explained his circumstances sufficiently and look forward to some clarification.

I’m just wondering if anyone has an answer to my enquiry. Would be really helpful if someone could provide an answer.

1. Correct.

2. The linking rules will apply. (Art. 10 of the No. 9 Commencement Order)

3. Correct.

Thank you Charles.