ESA benefit link up rule Worsening conditions. 

Can anyone advise me on a case I am dealing with today the claimant was found fit for work and ESA ceased on the 14th May 2014. He did some work this February 2015 and submitted a new ESA claim on the 21/07/15.

His new ESA claim of the 21/07/15 was refused because the client had to submit a medical note stating his condition has worsened since the nil claim in May 2014.

I rang the DWP and advised the client was outside the 12 month rule and this was a new claim in his own right for ESA and this claim should have been dealt with as a new claim.

I was advised that the DWP can now go back to any last previous claim and link in the new claim, if conditions are the same the claim will be refused unless Doctor states the condition is a worsening condition I was informed they can go back as far as 7 years plus?

I have disputed this and asked for a copy of the regulations relating to such a decision, I would be grateful for any feedback.

Thanks.

Hi Colin

Unfortunately they can now go back - here is the news story on the new regulations - http://www.rightsnet.org.uk/welfare-rights/news/item/Automatic-right-to-be-treated-as-having-limited-capability-for-work-from-si - and the actual regulations are here - http://www.legislation.gov.uk/uksi/2015/437/made

There is also a lot of discussion in this thread - http://www.rightsnet.org.uk/forums/viewthread/7894/