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CB-ESA appeal rate limited to 365 days

 

FerhanaBhogadia
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Senior Welfare Rights Officer, Welfare Rights Service, Leicester City Council

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My client is appealing failing WCA on a first claim for CB-ESA (legacy benefit).
He cannot get IB-ESA as his partner earns too much.
We are currently in a live area (but will be full service by the time the case comes to Tribunal)- not that it matters at this stage.
His case is waiting to be heard.
DWP have limited his appeal rate CB-ESA to 365 days.
They cite section 1A Welfare Reform Act 2007
Section 1A appears to have been inserted by s51(1) WRA 2012.
That Act seems to be in readiness for UC.

1. Are the DWP right about this?

2. If they are right, this means:
If he wins his appeal and goes into SG - his CB-ESA will resume with component backdated.
If he wins his appeal and goes into WRAG - he will not be paid any more CB-ESA as he has had his 365 days (unless he can satisfy the contribution condition for a different year).

Can anyone shed light on whether the DWP are correct and whether my understanding at 2 above is correct?

     
stevenmcavoy
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WRO, campaigns and policy, Enable Scotland

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FerhanaBhogadia - 23 May 2018 12:59 PM

My client is appealing failing WCA on a first claim for CB-ESA (legacy benefit).
He cannot get IB-ESA as his partner earns too much.
We are currently in a live area (but will be full service by the time the case comes to Tribunal)- not that it matters at this stage.
His case is waiting to be heard.
DWP have limited his appeal rate CB-ESA to 365 days.
They cite section 1A Welfare Reform Act 2007
Section 1A appears to have been inserted by s51(1) WRA 2012.
That Act seems to be in readiness for UC.

1. Are the DWP right about this?

2. If they are right, this means:
If he wins his appeal and goes into SG - his CB-ESA will resume with component backdated.
If he wins his appeal and goes into WRAG - he will not be paid any more CB-ESA as he has had his 365 days (unless he can satisfy the contribution condition for a different year).

Can anyone shed light on whether the DWP are correct and whether my understanding at 2 above is correct?

assuming he isnt under 25 and the claim happened after payment of wrag was limited then yes you are correct.

depending on when they stopped work etc an option may be to get them to claim conts based jsa for 6 months then submit a new ESA claim if your working shows they can meet the conts tests.  just be wary the 6 months jsa doesnt take you into a new tax year which means they dont satisfy the conts.