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

ESA Assessment Periods

ripley
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Derby Advice - Derby Homes

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Joined: 21 June 2010

my client claimed ESA for 9 months from 24/05/2014 remaining on the asessment rate-he then started work 04/02/2015 but found it too much and went back onto ESA on 30/03/2015-his claim was linked
he then had a medical and failed-took to tribunal and won placed in WRAG (26/10/2015)
dwp state they will only pay ESA WRAG component back to begining of 2nd claim and not from 13 weeks of his initial claim
i feel my client fits into exemption Reg 7 section C of SI 2008/794 but DWP are having none of it???
can anyone advise please?
thanks
Helen

Tom H
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Newcastle Welfare Rights Service

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They are applying reg7.  Hence payment of Wrac from start of new award.  You could late MR the decision ending first claim asking for Wrac from wk14 until client started work.

ripley
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Derby Advice - Derby Homes

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can you explain why he isnt exempt under section C of reg 7?????
regards
Helen

Tom H
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Newcastle Welfare Rights Service

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Reg7 is an exception to the rule that the assessment phase must have ended before a component can be paid.  He does come within that exception because, as you point out, his periods of LCW linked.  But the respective assessment phases don’t link under reg 5.  Hence correct decision is Wrac from day 1 on new award by virtue of reg7.

ripley
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Derby Advice - Derby Homes

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Total Posts: 8

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thank you that makes it clearer to me 😊
H