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365 days support group ESA
woman lives with man who works full time. she gets IB migrated to CBESA in WRAG this stops after 365 days as not in support group. never appealed. is it possible to leave open a credits only wrag group esa award then if you get worse ask for review be put in support group and start getting paid CBESA again?
obviously she cannot make a new claim for CBESA when she gets worse as they will consider recent tax years when she never worked.
thanks
Yes.
S52 Welfare Reform act: NB that it is regarded as CESA
52 Further entitlement after time-limiting
(1)After section 1A of the Welfare Reform Act 2007 (as inserted by section 51 above) there is inserted—
“1B Further entitlement after time-limiting
(1)Where a person’s entitlement to a contributory allowance has ceased as a result of section 1A (1) or (4) but—
(a)the person has not at any subsequent time ceased to have (or to be treated as having) limited capability for work,
(b)the person satisfies the basic conditions, and
(c)the person has (or is treated as having) limited capability for work-related activity,the claimant is entitled to an employment and support allowance by virtue of this section.
(2)An employment and support allowance entitlement to which is based on this section is to be regarded as a contributory allowance for the purposes of this Part.”
(2)In section 1 of that Act (employment and support allowance), in the definition of “contributory allowance” in subsection (7), after “subsection (2)(a)” there is inserted “(and see section 1B(2))”.