ESA(IR) - change of circumstances - will they look at R2R again when they reassess claim?

My client is receiving ESA as a single person at the under 25 assessment rate. She’s just had a baby so should start being paid the lone parent (18+) assessment rate. We called the DWP to report the change and they issued a JSA3 booklet.

When they reassess her claim, will they look at her right to reside again? There were a lot of questions about residence in there and the ‘office use’ section has a tick box for eHRT which got me worried!

The client is very vulnerable and is in financial hardship with a new born so I’m not keen to rock the boat before ChB and CTC are sorted. She tells me that it took nearly a year to resolve the HRT issue in her favour last time round.

If they do look at it again, she’ll need to rely on her estranged mother for her right to reside and we have no idea if she’s still exercising her treaty rights as they’ve not had contact in years as she was very violent towards my client.

Any ideas?

Thanks very much

Hiya,

Legally they could look at it again as not being a person from abroad is a continuous requirement to entitlement. Practically, I haven’t seen cases on irESA where they have done so.

Interestingly, assuming initial way your client got irESA was on basis that her mother was a worker and client under 21 then assuming she is still under 21, if the DWP wanted to remove ESA entitlement from your client I think it would be for them to prove that mother was no longer a worker etc. rather than for the client to prove anything- the joy of supersession to remove an award is that it is for the Decision Maker to prove entitlement no longer exists due to a change.

Martin.