Reg 30 etc

I know that under reg 30 you cant reclaim ESA if you have been found fit for work after failing ESA medical, unless new condition/ deterioration etc etc

Does reg 30 apply for those who failed to attend a medical as they never got the appt letter?

Clients ESA stopped June as she never got appt letter. Did MR and naturally it came back negative, as per usual.

She mistakenly thought that the 2nd decision was the appeal, and didnt take it further .

HMCTS deadline missed by a while, so not sure they will accept good cause.

Friend of me client (yep, a benefit “expert”) just told her to wait 3 months and then make a new claim.

Claim refused, as same illness.

I know that a decision maker has found her not to have LCFW due to failure to attend, so are JC+ right here in applying reg30?

Thanks

You can reapply without a new/worsening condition after 6 months if you failed to attend a medical or return the questionnaire - The regulations the relevant bit is point 13, page 4:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/419103/adm11-15.pdf

She can make a new claim (and be paid) after 6 months because the decision that she doesn’t have LCW was made under Reg 22 or Reg 23 (failure to provide info or attend a medical assessment).

Claimants are only caught by the ‘anti looping’ rule if they are found fit for work as a result of an actual WCA assessment rather than simply a failure to do something.