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Contribution based ESA and remand
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?
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.