ESA claim closed due to working, can it be reopened again IR and C ???

My client was getting IR ESA and C ESA from 2019, she started work and went over teh permitted work hours and income, her claim was closed by DWP, she reduced her hours of work, can she restart the ESA claims again, the rules ESA 13,  say ESA is not payable in any week cl works over the hours, does that kill the claim for ever or just suspend it ???

Depends;

- she was working over the permitted work hours and earning at the time the DWP made its decision. That ends the award (she is treated as not having LCFW as a result of working full time).

- DWP discovers after the event that she worked in excess of the permitted work rules - i.e. by the time that is discovered and the decision made, she is back within the permitted work rules. That is dealt with by way of a ‘closed period’ supersession - effectively, she’s not entitled for the period where the permitted work rules were breached, but that does not end the award.

Thanks PC, not sure which scenario applies, will need more info from client

it appears that she reduced her hours of work after the DWP had ended the ESA award , so that would seem to be the end of the award for ever ???

It’s the end of the income related ESA because that can no longer be claimed. She may be able to use the linking rules to make a new claim for contributory ESA if there has been no more than 12 weeks since the previous ESA award ended.

This would be new style ESA, but this should be ‘linked’ to the previous c/irESA award and the same NI contribution test from that first award should also apply

To get additional means tested income she would need to apply for UC