ESA1 required when claimant goes to Support Group after credits-only ESA

I have a claimant who was on WRAG CESA and payment stopped after a year. He continued on credits-only ESA. Nearly a year ago has requested DWP to look at his case again, and he went through a new WCA – Support Group was agreed.

However, DWP appear to be refusing to pay until a new ESA1 is completed. The guidance below was quoted to me.

I can’t see any requirement in the Regs for a new claim, and why do they want a letter about deterioration, given that an ESA50 was completed and a Decision made on the basis of that evidence??? This seems to be an unreasonable burden on the claimant as all the facts are already in the possession of the DWP.

Thoughts?

Guidance quoted but source not given, I can’t find this at the moment:

‘The claimant has LCW and has been in receipt of credits-only continuously since their ESA(C) was exhausted. Claimant has LCWAWRA.

Take the following action Send an ESA1/ESA1W to the claimant to include a ‘deterioration in health’ covering letter ESA318/ESA318W’

Yes, that’s S51 and S52 of the 2012 WRA amending the 2007 Act.  Curious and burdensome that a claim should be required nevertheless.

I’m not arguing with you, more with the wording of the law: it seems unfair to say that entitlement has ceased (rather then just payment), given that the claimant has consistently been subject to ESA rules, has been entitled to credits via those rules, has submitted an ESA50 under those rules, been subject to WCA and then has to claim…

I’m tempted to read 1B as reviving entitlement by virtue of meeting the conditions set out. Or perhaps I’m just stubborn.