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

ESA contribution conditions.

benefitsadviser
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Sunderland West Advice Project

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Total Posts: 1003

Joined: 22 June 2010

Hi folks. This has been done to death but I am struggling to wrap my head round it, so apologies if the answer is bleedin obvious!

I have a client who was on LTIB and was migrated to CBESA in August 2011.

Failed medical, won appeal in July 2012 but placed in WRAG.
Money stopped August 2012 under 365 day rule.
Claim still live, but no money in payment. NI still being paid, WRAG component in place for HB etc. Free prescriptions and so on.

Jobcentre Plus have advised he appeals the decision. He cant. Tribunal placed him in WRAG : appeal done and dusted and well out of time to ask for TS SOR etc.

I know that in certain circumstances that a new (CB)ESA claim can be made based upon contribution conditions for the previous 2 tax years. Would any of this apply to the client, or am I clutching at straws here?

Hope the above makes sense!