What is this rule?

•  The rule covers people who are receiving a benefit based on incapacity for work. It therefore covers Employment Support Allowance / Incapacity Benefit and can cover Income Support.

•  It applies if you start work and come off benefit, but then have to return to benefit within 52 weeks due to your health.

•  In this situation the rule allows you to return to your benefit at the same rate as before. For example, you can return straight to a higher rate of Employment Support Allowance / Incapacity Benefit if you were on this before.

•  You will not need to re-qualify for the national insurance contributions conditions.

How do I qualify?

•  You must have been incapable of work for at least 28 weeks when you start your job.

•  You must start work within a week of your benefit ending.

•  You must notify the Jobcentre within one month after the end of your claim that you have started or intend to start work.

•  You should then receive a letter confirming the date that your 52 week ‘protection’ ends

•  If you do stop work within the 52 week period, you should get a medical certificate from your doctor and put in a claim for the benefit you were getting before

Re-Qualifying as ‘Incapable of Work’

•  If you do reclaim benefit within the 52 weeks, you will normally be accepted as incapable of work for the first 13 weeks of your new claim, based on your doctor’s certificates

•  However, after this, you will need to pass the test for incapacity once again