ESA Linking Rules

Can anyone confirm if I’m correct in saying, someone who had been in receipt of Contribution based ESA (12 month’s plus). Returns to part-time employment with the help of ‘Shaw Trust’, but only manages to stay in employment for 8 weeks due to physical & mental health conditions (exacerbated by the return to work). Client’s G.P provides ‘Sick/ Fit Cert’ to confirm this.

Client makes a claim for ESA, but is refused income based ESA because the household income is too high (partner woks part-time), and they have used tax years 06/07 07/08 for contribution based entitlement.

I have appealed the decision on the grounds that they should be using the ‘linking rules’.

1: “Any period of limited capability for work which is seperated from another such period by not more than 12 weeks is to be treated as a continuation of the earlier period”.

Any thoughts?

Jackie

Many thanks for the quick reply, and for confirming that I was on the right track!

They are correct in their decision re; Income based ESA, which is why I want to chase this one up.

The most annoying thing is that locally, we no longer have telephone numbers to speak to the decision makers, and having spoken twice! to the call centre, I’m now having to appeal this decision, even though it is fairly straight forward….. It’s pure madness, and a complete waste of taxpayers money!

Thanks again

Jackie