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

IB linking issue

dbcwru
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Darlington Welfare Rights, Darlington Borough Council

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Total Posts: 114

Joined: 22 June 2010

If someone has failed the PCA who is on IB significantly worsens, can they still reclaim IB within 8 weeks and it link if their condition has significantly worsened? or do they HAVE to claim ESA?

If they have to claim ESA they would be essentially worse off, because if they appeal the old decision it would only then be a fixed period appeal? or could it be treated as continuous?

efloyd
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Financial & social inclusion officer - Isos Housing, Newcastle

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Joined: 16 June 2010

Hi- quoting from the IB decision letter that I’m currently querying:

’ ...... if your illness or disability gets worse you may be able to claim IB, SDA, or NI Credits again within 8 weeks of the date of this [the decision] letter’.

8 weeks and one day later, it’s a claim for ESA.

Cheers,

Lee

rwils
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Newcastle Welfare Rights Service, Newcastle City Council

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Joined: 21 June 2010

What’s the date on the letter and when was the PCA? Our understanding is that linking rules were abolished from 31 January and that no PCAs would be carried out after 31 March.

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Total Posts: 3137

Joined: 16 June 2010

“Our understanding is that linking rules were abolished from 31 January…”

They were.