Hello folks

Any opinions/experiences about the following situation would be greatly appreciated:

Client was in receipt of ESA until January 2010 on the basis that he suffers from heart problems. Fails WCA, and submits an appeal at the beginning of february, ESA at assessment rate awarded pending appeal.

In late february, client begins to suffer from psychotic episodes, so this is clearly a new condition (no previous history of mental health problems).

What I want to do is start the 'clock ticking' on a new 13 week assessment phase, starting from the date that he first suffered from psychosis. The reason is that my client should be able to have a new medical 13 weeks after the mental health problems arose, and therefore get his support component or work related activity component sooner.

If he waits for the outcome of his appeal, loses, and then makes a new claim, he would have to wait another 13 weeks from that date before being assessed under the WCA, therefore losing out.

So the question is this: would his claim on the basis of his new condition be (a) a new claim or (b) a supersession of his existing claim?
The problem with (a) is that it seems unlikely that someone can claim a benefit that are already in receipt of, so I have gone for option (b) but have a feeling the DWP will be having none of it.

As a side note, I know that the change of circs from end of feb should have been notified within one month, but I am pretty sure that this deadline will be extended given that the change is psychotic illness.

Ta very much in advance

My view is that it should be supersession at the same rate based on change of circs with a request for a new re-assessment. If the second re-assessment is successful then tribunal on appeal of first assessment will simply deal with a closed period. If second assessment unsuccessful then second appeal will need to be lodged and tribunal can deal with both appeals at the same time.

you might find this discussion helpful.

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=111&topic_id=4900&mesg_id=4900&page=2

Ta very much for your help. I have received a response today, stating that the request for a supersession has been passed to the new claims section to be treated as a new claim. I have written back to say that they can by all means consider it as a new claim (backdated 3 months of course) but that they should also issue a decision as to whether the existing claim should be superseded. We'll have to wait and see.

They have no choice but to supersede the existing award as you can't have 2 awards of the same benefit running at once.