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

ESA contributions : 365 day rule?

benefitsadviser
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Sunderland West Advice Project

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Total Posts: 1003

Joined: 22 June 2010

I have a client who was in WRAG of ESA for 12 months pending appeal to be placed in the Support group of ESA. She won and was placed in SG in April 2012, apparently for 12 months although she was not informed of the length of the award.

She has just received a letter stating they cannot pay her ESA from April 2013 under 365 day rule.
I called JC+ who told me she had been put back in the WRAG in April 2013. No medical. No ESA50. Nothing, just an arbitrary decision. She also wasnt informed of this change in writing or verbally.

Can someone please clarify (sorry if this has been done before) as i was under the impression that the previous time in WRAG did not count toward the 365 day thing once support group applied.

I have obviously appealed, but i thought she would get another year.

Any advice is appreciated.