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ESA non payment post successful Lower Tribunal
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
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.
I was aware of those stated; thid begins from a point where there does not seem to be anything obvious