Possible Social Policy issue ...

Hello !
We’ve raised this issue before a while back and here goes again ...
I have a cl. who was found fit for work 30/03/11 after attending a WCA. They subsequently appealed this decision but on 25/10/11 a Tribunal disallowed their appeal.
Cl is stating that they cannot work and their health has gotten significantly worse so I advised them to reclaim ESA.
Cl reclaimed ESA enclosing a medical certificate from GP, I believe also that the certificate stated their health has gotten worse ?
A person from JCP has now rung cl and informed them they will not get ESA until they have attended a further WCA.
My understanding is that so long as more than 6 months has lapsed since the decision that cl was found to be fit for work, ie : 30/03/11 then they can reclaim ESA and should be paid the basic rate.
The last time this problem arose JCP were trying to argue that the 6 months begin from the date of the Tribunal before a person can reclaim ESA.
I’m sure we successfully argued that the 6 months began from the date of the JCP decision and not that of the Tribunals decision when a cl can reclaim ESA but am I going mad ???
Any thoughts on this ...
Thank you

Determination was 30/03/11. Tribunal confirmed the determination of 30/03/11 and didn’t make a new determination or consider circumstances after 30/03/11. Therefore the 6 months runs from 30/03/11. Ask to speak to a supervisor or raise a complaint.

Reg 30: http://www.legislation.gov.uk/uksi/2008/794/part/5/made

CPAG commentary: http://www.cpag.org.uk/cro/wrb/wrb213/ESA.htm

Ask them to follow their own guidance. DMG Chapter 42 para 42483 gives a clear example

Thank you !
Will do ...