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

Further entitlement to CBESA after time-limiting

unhindered by talent
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Aberdeenshire Support and Advice Team

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Where entitlement to ESA(Cont), has been terminated because it exceeded 365 days and the claimant reports a deterioration in their health condition or makes a further claim for ESA(Cont) and the claimant had, or is treated as having had, LCW since the previous entitlement ended and the claimant satisfies the basic conditions of entitlement and the DM determines that the claimant has, or is treated as having, LCWRA, the claimant is entitled to an award of ESA(Cont), even though they do not satisfy the contribution conditions.

So, if someone reports a deterioration via a new claim (as opposed to a request for a supersession), the only route would be a new claim for NSESA. Would the claim, if successful, then be NSESA rather than old style ESA, even though it will be linked to the original contribution years through continuous PLCW’s?

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[ Edited: 13 May 2022 at 01:02 pm by unhindered by talent ]
Charles
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Accountant, Haffner Hoff Ltd, Manchester

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It’s a new claim for ESA, so will be NSESA. PLCW’s can continue by virtue of Art 10 of the No. 9 Commencement Order.

By the way, entitlement by this route does not work by using the linking rules anyway. It’s a new entitlement under s.1B of WRA2007.

Also, even if the change is simply reported as a deterioration, it will still technically be a new claim. See DMG Chapter 41 Para. 41863 (ADM equivalent is Chapter V2 Para. V2063)..

unhindered by talent
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Thank you Charles. My thinking was that if CBESA was brought back into payment by a supersession on the existing award, keeping it as old style, the claim could subsequently include an award of IRESA (potentially allowing SDP to be included).

If CBESA was brought back after a new claim and converted to NSESA, there would be no IRESA.