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

Contribution based ESA and remand

Rosie W
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Welfare rights service - Northumberland County Council

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Total Posts: 471

Joined: 9 February 2012

I think I’ve confused myself on this one. If a person getting contribution based ESA is remanded in custody for more than 6 weeks but then does not receive a custodial sentence, can they get the ESA reinstated? Or has it gone for ever because they are treated as not having limited capability for work after 6 weeks on remand?

Rosie W
forum member

Welfare rights service - Northumberland County Council

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Total Posts: 471

Joined: 9 February 2012

Replying to myself on this.. I am now clear that contribution based ESA should be reinstated and arrears paid in these circumstances. We have a case where ESA are resolute in refusing to do so up to and including an MR.