ESA- gets a job, unable to carry on reclaim ESA within 12 weeks still possible?

Hi all,

Just wanted some advice. I have a client who is thinking of trying work again. However if it gets too much he wants to go back onto ESA and not UC. I was under the impression that he could come back onto ESA within 12 weeks- through a sort of rapid reclaim? Is this still possible- or would he now have to go back onto UC- I have also been unable to find any sources or regs to back up my feeling around the 12 weeks.

Ta

Unfortunately, despite the linking rules, a fresh claim is still necessary, so he would not be able to go back on to ESA.

Charles - 19 March 2019 03:24 PM

Unfortunately, despite the linking rules, a fresh claim is still necessary, so he would not be able to go back on to ESA.

Thanks Charles.

Is that because it is like a change in circumstances from sick to work to sick again(if that makes sense) so linking rules wouldn’t apply because of that?

I’m not exactly sure what you mean, but to be clear:

No change of circumstance in itself causes migration to UC. Rather, no new claim for a legacy benefit can be made (with limited exceptions).
Obviously, many changes of circs end entitlement to one legacy benefit, necessitating a claim for a different benefit, effectively forcing people to migrate to UC.

The linking rules of ESA do not allow (and have never allowed) ESA entitlement to restart without a fresh claim. Therefore, your client will not be able to return to ESA.

Thanks Charles. Appreciate that!

I think the 12 week rules links the periods of Limited Capability for Work rather than the ESA claims themselves..

what about permitted work - a lot less risky