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Forum Home  →  Discussion  →  COVID-19: Welfare benefit rules and entitlements  →  Thread

Contribution based ESA 365 day Rule

Agnes
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Tar Isteach Advice Services

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I have a client who was in receipt of Contribtion based ESA and failed his WCA having scored 0 points, lodged a mandatory Reconsideration decision remained unchanged, we have lodged an Appeal and he is currently being paid the Assessment phase. His 365 days will cease on 12/06/2020 , his Oral hearing for his Appeal is unlikely to be heard before the end of the year due to COVID19, has there been any provision to extend the 365 days given the delay this man will experience in having his case heard, his Appeal was lodged in 18/03/2020.

Elliot Kent
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cESA will stop at the 365 day point - If he has an irESA entitlement it will take over.

If he wins his appeal and is put in the support group, then he will be due arrears on the basis that the entitlement continued beyond the 365 day point.

If he wins but is only put in WRAG, then he won’t be paid anything further; (unless his claim is transitionally protected from the removal of the WRAC in which case that will be paid up to the 365 day point)

Agnes
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Thank you Elliot unfortunately it is not an income related case, he is married and his wife is working, her earnings are above the thresh hold for UC eligibility, Can this man lodge a fresh claim whilst under Appeal or will he have to wait until his Appeal is heard.

stevenmcavoy
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Welfare rights officer - Enable Scotland

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Few things to consider.

Client could get six months worth of conts based jsa when esa payment ends

They could also break their claim and then reclaim esa depending on their ni record

If, however, they may get the support group on appeal then neither of the above may be a good option.

(I haven’t checked the new style benefits don’t make any of the above a non option but the thought occurred to me I’d need to check that to be sure)