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

ESA non payment   post successful Lower Tribunal

TJL
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Derby advice - Derby Homes

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Total Posts: 251

Joined: 17 June 2010

Client attended LT re ESA, appeal allowed, but no ESA paid from date of claim and decision subsequently looked at again by ESA who have refused benefit.

She   is   being incredibly stoical about whole   matter - local MP has   been involved ESA are   now saying she needs to   prove she   met conditions for   benefit during   period which covered!  I am due to   have a   look at   paperwork in the   morning   - has anyone come across anything similar and   how was   it   resolved -  surely th e fact that the LT placed   her   in the WRAG should negate the   need for her to prove she   meets the conditions?

In effect she seems to be asked to satisfy the conditions for the same period   of time when there is   no new   information?

Thanks   in advance

Ruth_T
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Volunteer adviser - Corby Borough Welfare Rights & CAB

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There are plenty of conditions relating to entitlement to ESA in addition to the requirement for limited capability for work.  These include presence in Great Britain, non-employment, non-imprisonment, and for IRESA all the rules relating to income, capital and partner not working full-time. 

Usually, when a LCW appeal is won and its a long time since the last ESA payment, the Jobcentre sends out either an ESA1 or ESA3, dated the day after payment ceased.    Payment will be made once they are satisfied that all conditions have been met during the intervening period.

TJL
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Derby advice - Derby Homes

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Joined: 17 June 2010

I was aware of those stated; thid begins from a   point where there does not seem to be anything obvious