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Hi,
I recently applied for National Insurance Credits for one year when there was a gap in my employment.
During my one year of unemployment I did not apply for Job Seekers Allowance even though I was
entitled to. The DWP dismissed my application so I made an appeal to the HM Courts & Tribunals
Service. For my appeal the key evidence rested on a legal ruling. The decision of the DWP was based
on the falsehood that I was receiving Job Seeker’s Allowance. I questioned the legality of the law used to
make the decision made the DWP which was based on the ruling :
"Social Security (Credits) Regulations 1975, regulation 8A(1 ), (2Xba), (3)."
This law relates only to claimants of Job Seekers allowance only. At the time of my application I was NOT claiming
Job Seeker’s Allowance, so I stated that the decision made by the DWP decision maker was illegal.
However my appeal failed. The judge stated that the "Social Security (Credits) Regulations 1975, regulation 8A(1 ), (2Xba), (3)."
applies to claimants of Job Seeker's Allowance and also people unemployed and having satisfied the conditions
for the old style Job Seekers Allowance (reg.8A(2)(ba)(i)).
Based on this the judge stated that this legal ruling applied to me so the DWP decision was correct.
I have carefully examined the fine details of the "Social Security (Credits) Regulations 1975, regulation 8A(1 ), (2Xba), (3)."
but I cannot find any information relating to this.
Is there anyone in the forum with knowledge of this ruling ?
Thank you.
I recently applied for National Insurance Credits for one year when there was a gap in my employment.
During my one year of unemployment I did not apply for Job Seekers Allowance even though I was
entitled to. The DWP dismissed my application so I made an appeal to the HM Courts & Tribunals
Service. For my appeal the key evidence rested on a legal ruling. The decision of the DWP was based
on the falsehood that I was receiving Job Seeker’s Allowance. I questioned the legality of the law used to
make the decision made the DWP which was based on the ruling :
"Social Security (Credits) Regulations 1975, regulation 8A(1 ), (2Xba), (3)."
This law relates only to claimants of Job Seekers allowance only. At the time of my application I was NOT claiming
Job Seeker’s Allowance, so I stated that the decision made by the DWP decision maker was illegal.
However my appeal failed. The judge stated that the "Social Security (Credits) Regulations 1975, regulation 8A(1 ), (2Xba), (3)."
applies to claimants of Job Seeker's Allowance and also people unemployed and having satisfied the conditions
for the old style Job Seekers Allowance (reg.8A(2)(ba)(i)).
Based on this the judge stated that this legal ruling applied to me so the DWP decision was correct.
I have carefully examined the fine details of the "Social Security (Credits) Regulations 1975, regulation 8A(1 ), (2Xba), (3)."
but I cannot find any information relating to this.
Is there anyone in the forum with knowledge of this ruling ?
Thank you.
