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

ESA appeals and time limited Conts based ESA

miket
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Welfare Advice Team, South Gloucestershire Council

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Total Posts: 18

Joined: 30 June 2010

I’m hoping this is a fairly straightforward query but just cant seem to find the answer myself!

I have a client who has been on CESA for nearly 3 years. December last year failed WCA and submitted an appeal in Jan 2012. Has been being paid assessment ESA ever since whilst waiting for appeal.
Client has now had letter saying that CESA will cease at end of April due to change in rules. She will not qualify for IRESA due to husband’s income.
This I understand but I just wanted to clarify whether ESA should still cease as she is still in the assessment phase awaiting the outcome of her appeal.

Many thanks

Mike

Tom H
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Newcastle Welfare Rights Service

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Total Posts: 783

Joined: 23 June 2010

Yes the ESA pending appeal stops because it links with the CESA which the client is appealing.

Note also that even if the client is put in the support group by the tribunal, his CESA will still be time limited.  That’s because he’s easily had 365 days before Dec last year that count towards the limit.  What getting in the support group would do is allow him to be awarded CESA from 2/5/12 based upon the new section 1B WRA 2007.  But his old CESA would very much still end on 1/5/12 due to time limiting.

benefitsadviser
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Sunderland West Advice Project

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Total Posts: 1003

Joined: 22 June 2010

Hi Tom. I cant find an answer to the following scenario.
I requested that a client is to placed in the support group a month ago but the supersession request is still being processed (IE not yet passed over to a DM) His CBESA is due to run out 30/4/2012 and his benefit will stop.
If the decision to place in the SG is made after 30th April will his benefit resume as he will be exempt from the 12 month ruling or is there no way of getting his benefit back?
Thanks.