Reclaiming ESA after a long break

Hello

I am reposting this as it may have got lost in the long thread http://www.rightsnet.org.uk/forums/viewthread/8425/ that I originally posted it in and could really do with help!

I have a client who failed WCA after a medical over 12 months ago. She didn’t request MR or appeal decision and think it’s out of 13 month absolute time limit now. 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

You might want to have a read of this Welfare Rights Bulletin article ESA and abolition of the ‘six month rule’ as well as possibly this later one ESA and ‘significant worsening’

Essentially, for your client, it would appear that she will not be paid any ESA following a new claim until she has been newly assessed under a WCA, unless you can either evidence a new condition existing, or a significant worsening of the medical condition that she was experiencing at the time of her last WCA.

If she can establish entitlement on the new ESA claim, then she would be paid arrears, but if she does not secure entitlement following the WCA, she would need to go through MR (and possibly appeal) during which time also ESA payments won’t be made until such time as entitlement is established. The only alternative option during the periods of non-payment would be a JSA claim, with all of the attendant difficulties.

Great. I thought so but then doubted myself. I will read the articles you refer to.

Thanks Paul