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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

esa and housing costs

Sara Leeroth
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North Somerset CAB

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Total Posts: 5

Joined: 9 July 2010

can anyone give me the appropriate Reg please

Client was on IBESA and receiving housing costs, went to medical and failed, appealed but has no real grounds for succeeding at appeal. However, condition has dramatically worsened since and we need to make new claim on this basis and let appeal lapse. Client has been told by JC+ that will have to wait 13 weeks again for housing costs!!
Cannot find anything in the Regs that allows IBESA to be treated as continuous in these circs - I know it must be somewhere, but need help to find it, please

Brian JB
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Advisor - Wirral Welfare Rights Unit, Birkenhead

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Total Posts: 472

Joined: 18 June 2010

There shouldn’t be a problem because housing costs should be met where there is a continuous entitlement to ESA for 13 weeks. It doesn’t seem to me to be at all relevant that the period includes two claims that provide a continuous period of entitlement.

Brian JB
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Advisor - Wirral Welfare Rights Unit, Birkenhead

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Total Posts: 472

Joined: 18 June 2010

and as I hadn’t taken on board that your client is on income-based ESA anyway, the linking rules at paragraph 15(1) of Schedule 6 to the ESA Regulations should assist if there is a small break in entitlement