My client had not paid enough contributions to qualify for ESA (contributory) last year. However she received NI credits and passed her Work Capability Assessment around the middle of the year.

This year she HAS been awarded ESA (contributory) from the beginning of the year. However, she has been awarded only the basic allowance (£64.30). She's been told she will get the Work related activity component in April (14 weeks after the start of her award).

I had hoped that she would get the Work related activity component straight away, because she applied and passed her WCA more than 13 weeks before the beginning of the award.

It seems that there's been a bit of indecision in the JCP, and that they initially couldn't make their minds up when to award the Work related activity component from.

So.. What's right? Is it 14 weeks after first applying (and then passing the WCA)? or 14 weeks after receiving your first basic award?

I think she should be getting the Work component because the two periods of limited capacity for work should be linked because there is less than a 12 week gap between the two periods.

The problem is that regulation 5 of the ESA Regs only allows for the assessment phase to begin on the first day of the previous claim (when the linking rules apply) when ESA was actually paid on the earlier claim.

Thanks for this. Can I find this regulation online?

Here.

http://www.dwp.gov.uk/docs/a13-5101.pdf

Thanks, that seems to make it clear. But if anyone's got any other ideas, do let me know!!