ESA 6 month rule

Hi all,

A person who has been found capable of work under the work capability assessment usually has to wait six months from the decision before reapplying for Employment Support Allowance.  However, they can reapply for Employment Support Allowance again within six months of such a decision if:-

•  You are suffering from a specific disease or physical or mental disability which you did not have at the time you were found capable of work; or
•  your condition since you were found to be capable of work has significantly worsened; or
•  You were treated as capable of work because you failed to return the incapacity for work questionnaire and have since returned it.

Can anyone tell me does the 6 months start from the actual DWP decision or does it start from the Tribunals decision?

I believe with IB it used to be from the DWP decision, however I am sure I have read somewhere that for ESA it now starts from the tribunals decision.

Is this correct?

Thanks

Nikki

Hi Nikki

The 6 month starts from the date of the DWP decision not the tribunal (so generally has already passed by the time of the tribunal).

DMG 33/10 para 53 makes this clear although this only applied from 28/6/10. I think there is an argument that it applies before that date too though.

Daphne