ESA component & 52 week limit fast approaching

Client is approaching 52 weeks as inpatient and in receipt of ESA ir WRAG & HB
Had recent stay-overs ( 3 days) back at her home with an eye on eventual discharge.
Resets HB ‘clock’.

Never heard of it resetting ESA, yet Sch 5 para 13 ESA regs states ‘been a patient for a continuous period of more than 52 weeks’

Below is taken from CPAG

Benefits affected after 52 weeks

The rate of income-related ESA may be lower if you have been a patient for a continuous period of more than 52 weeks…

There are no ‘linking rules’ with these provisions. This means that if you are discharged from hospital and are then re-admitted, a new period as a patient starts and you can again be entitled to income-related ESA at the rate you were getting before your admission to hospital.

Similar rule for HB but any reoccupying the home (usually 24 hours) resets the clock so to speak.

Anyone had ESA reset based on overnight stays away from Hospital?

Well it took a while to follow the commentary trail from sch.5 of the ESA regs in Sweet and Maxwell but I finally got to p.588 of Volume I 2015/16 and this is as concise as our WBH Mick, in holding that separate periods in hospital cannot be linked to form the 52 week qualifying period (Social Security (Hospital In-Patients) Regs 2005 refers).

I dimly remember having a few similar cases when I worked at Springfield Psychiatric Hospital some years back and as long as we had evidence that there was at least one overnight stay, I can’t recall ever having a problem with this. Information in the WBH 2015/16 is at p.938 et seq for the various benefits and elements/premium/etc for those interested.

Cheers Paul, although I did panic when you’ve put sch.7 of the ESA regs. You did mean 5 right? Otherwise I’m putting the lights off now and going home!

Yes, sorry Mick my mistake, will go and edit now, thanks for spotting.