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

New Reg 30 and how it works

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JoW
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Financial inclusion manager - Wythenshawe Community Housing

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Total Posts: 343

Joined: 7 September 2012

I have a client who failed WCA after a medical over 12 months ago. She has been living with her son and they have both been surviving on just his JSA for over a year.  Is there any time period after which you can make a new ESA claim with the same condition?  I am thinking not but just wanted to double check as haven’t got my head round this reg yet.

More generally does any break allow a new claim for ESA with the same condition? If a claimant failed WCA with depression on their sicknote and then claimed JSA for a few months and then depression improved and they got a job and worked for 12 months/ 5 years/10 years and then depression recurred could they put in a new claim for ESA with depression on their sicknote (or would it still have to say deterioration even if after a long time frame?).

Thanks