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

New claim or CIC

Ben
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The Welfare Consultancy, London

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Cllmt claimed ESAir during WTC four week run on and was turned down as income exceeded the AA.

Is a new claim needed post the four week run on or just notify a change in cirs.

 

 

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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New claim; the claim does not subsist once a decision is made.

Ben
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The Welfare Consultancy, London

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Thanks for the reply. The DWP stated that there was a live award - (with no payments being made) and would not accept a new claim - I then reported the drop in WTC income and was told that a superseding decision would be made to restore payment.

I was struggling to understand the legal basis as to how a there can be a live award where the income exceeded the AA.

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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Actually, I suppose client has a ‘credits only’ claim currently so in a sense there is a live claim.

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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Is there such a thing as a credits claim or is it just a period of limited capability for work contingent upon which credits can be made?

From the other side
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CRU/CARF-FIFE

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If the med cert has not expired then the client will still have a live “credits” claim therefore the ending of WTC is a change in circs. Everyone who claims ESA (IR) also has a live claim to ESA (C).