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

ESA pending appeal, WFI and WRA requirement

Rosie W
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Welfare rights service - Northumberland County Council

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Total Posts: 470

Joined: 9 February 2012

This was discussed here http://www.rightsnet.org.uk/forums/viewthread/3608/ in 2012. The sanctions regime has changed since then but I’d be interested to hear whether people think that changes the situation around the conditions and sanctions.

Situation is client was in wrag, in the Work Programme, lots of problems, then found fit for work and ESA stopped. We helped with a mandy, decision wasn’t changed. In the interim a relative had made a PIP claim and he claimed Income Support (also a big mess but different topic). He then appealed and asked for ESA to be reinstated.

No money was paid - we contacted the Benefit Centre who said this was because he was still sanctioned from July (before the fit for work decision). I asked under what regulation they could attach a sanction from what is in effect a previous claim. To my surprise they thought about it for 5 minutes and then agreed to lift the sanction and pay the arrears.

Client is back with the WP provider and I’ve advised him to carry on for the time being, but I’m not convinced he needs to. If he does, and is sanctioned again, this would mean he would lose all his ESA as it is the whole of the personal allowance which is not paid.

Any thoughts?