ESA - Linking Rules - DWP Mistake?!

SimIsOnTheUp

Hiya,

I've just read the info regarding 'Linking Rules' when it comes to Employment and Support Allowance, as below (taken from the RNIB site) -

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If you come off ESA to try out a job or training you may be able to reclaim ESA under special linking rules. These allow you to receive ESA without any 'waiting period', and at the same rate and on the same terms as before, and you do not have to re-serve the 13 weeks assessment phase.

Twelve-week linking rule

Any two periods of limited capacity for work that are separated by no more than 12 weeks are treated as a single period. If you are off sick or leave a job within 12 weeks of a previous ESA award you will go back onto your ESA at the same rate and terms as before.

Hundred and four-week linking rule

If you were receiving ESA for over 13 weeks then came off ESA to begin work or training there is a two year linking rule. If that work or training stops for any reason within two years you can reclaim ESA at the same rate and on the same terms as before.

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Now, this leads me to think that my local DWP office might have made a mistake..

I was on ESA from November '09 - November '10 -

Started work November '10 -

Then had to leave work due to ill health returning on January 4th 2011.

Then claimed ESA from 28th February -

DWP confirmed that my ESA was / is to be paid at the 'Assessment Rate' all over again - the lower rate of £67.50.

Surely I should've been, and should still be paid at the higher (Work Related Activity Group) rate of £90 - odd per week, as I was awarded after my appeal tribunal hearing last September?

I've not long got off the phone to the DWP, and the lady there confirmed that "there is a note on the system saying the linking rules apply to your claim"... She couldn't say as to why this hadn't been actioned, but she's getting their 'processing team' to call me back within the 'next 3 hours' - either this afternoon, or tomorrow morning.

In the meantime, any advice on this would be most appreciated.

I'm crossing everything that they've made a mistake, and that I should indeed be on the higher rate!

Thanks,

Sim x

Cpt.Scarlet

I know of several cases like yours, apparently the DWP decision makers are interpreting the ESA linking rules differently from the equivalent that were in place for IB, despite the wording being virtually the same and the intent clearly being the same.

Unfortunately, there is currently no case law from a Tribunal to challenge their view, so at the moment everybody appears to be stuck with what they are doing.

SimIsOnTheUp

Cpt.Scarlet wrote: »

I know of several cases like yours, apparently the DWP decision makers are interpreting the ESA linking rules differently from the equivalent that were in place for IB, despite the wording being virtually the same and the intent clearly being the same.

Unfortunately, there is currently no case law from a Tribunal to challenge their view, so at the moment everybody appears to be stuck with what they are doing.

Hi Cpt.Scarlet,

Thank You for your reply.

I am really trying to curb my anger right now, after getting off the phone to an absolute brainless idiot :mad:

The guy was from the ESA 'Processing Team', and he kept saying that "the linking rules do apply to my claim, BUT that I'd be on the lower assessment rate of ESA until I go for my medical.."

I kept reiterating that surely the medical is a moot point - ie - I should never have dropped down to the 'assessment rate' in the first place.

I told him that at my Appeal Tribunal Hearing last September, even the Judge there said that I "would not have to worry about a medical, and that I'd be on the higher Work Related Activity Group for 6 months while I get well"

The guy from the DWP on the phone just now kept saying "Yes, but you went back to work".

I'm so f'in confused and angry, but surely if these linking rules exist, and the guy even admitted that the linking rules *apply* in my case, then my ESA should've been reinstated at the higher rate when I reclaimed in February??

He kept saying that even though the linking rules apply, claimants still have to go back on the 13 week assessment rate until their medical..

So, what is the purpose of the linking rules then?

He said that they were so that the claimant would then have their ESA backdated to Week 1, rather than Week Whatever (I'm too p'd off to remember what he said).

I read to him what I'd read of the linking rules regs off the RNIB site.

He wasn't interested, and kept saying that their guidelines blah blah.

Fair enough. I asked him where I could please see these online?

He couldn't tell me, and would get his manager to call me back tomorrow.

Cpt.Scarlet - Should my ESA have been reinstated at the higher rate (as it was November '10 - Jan '11) in February onwards?

If so, any pointers as to where I could see these ESA regs online please? (So I can print this off and fire off a letter to them!)

Many Thanks,

Sim.

MrsManda

I haven't read them so not sure how easy they are to understand or how useful they'll be to you but you can find ESA regulations here:

http://www.legislation.gov.uk/uksi/2008/794/contents/made - linking rules can be found here

and the ESA decision maker's guide here:
http://www.dwp.gov.uk/docs/dmgch41.pdf

SimIsOnTheUp

MrsManda wrote: »

I haven't read them so not sure how easy they are to understand or how useful they'll be to you but you can find ESA regulations here:

http://www.legislation.gov.uk/uksi/2008/794/contents/made - linking rules can be found here

and the ESA decision maker's guide here:
http://www.dwp.gov.uk/docs/dmgch41.pdf

Many Thanks.

Bed time reading

SimIsOnTheUp

I'm flummoxed.

Does anyone on here understand the ESA 'linking rules'?

NASA_2

Your claim does link but you do not get the WRAG component unless you pass the medical again. At that point you will be backdated to day one. This is covered in Guidance.

Support Group is treated differently.

I'll try to find the guidance on it.

SimIsOnTheUp

NASA wrote: »

Your claim does link but you do not get the WRAG component unless you pass the medical again. At that point you will be backdated to day one. This is covered in Guidance.

Support Group is treated differently.

I'll try to find the guidance on it.

Thanks NASA.

What about this though (the bold bits) -

Twelve-week linking rule

Any two periods of limited capacity for work that are separated by no more than 12 weeks are treated as a single period. If you are off sick or leave a job within 12 weeks of a previous ESA award you will go back onto your ESA at the same rate and terms as before.

Hundred and four-week linking rule

If you were receiving ESA for over 13 weeks then came off ESA to begin work or training there is a two year linking rule. If that work or training stops for any reason within two years you can reclaim ESA at the same rate and on the same terms as before.

- ie - Surely if I was on the higher WRAG rate ESA before, then that rate should be reiterated from February shouldn't it? (regardless of any medical).

I'm gutted if it's only paid *if* I pass another medical So, they'll pay only the lower 'assessment rate' from Feb - ongoing until a 'successful' medical?

I 'scored' nil points at the medical last time, which I then appealed, which then in turn went to a tribunal 6 months later last year..

I won't be going through all that again that's for sure. Am trying to get back to work asap.

NASA -

So, what is the point in these 'linking rules' if they don't reinstate your previous rate? *Confused*

Many Thanks,

Sim.

MrsManda

I 'think' the point of the linking rules is that if you become ill again you don't have to have 13 weeks on the assessment rate before going on to the assessed rate. Instead, once it's been confirmed you are eligible for the WRAG again, your claim gets backdated so that you'll have received that rate since the start of your 'new' claim.

Two4Tuesday

As NASA says, people in the Support Group get treated differently. When I lost my last job after 7 weeks, the linking rules applied to my claim, and I went straight back onto the Support Group from day one.

SimIsOnTheUp

MrsManda wrote: »

I 'think' the point of the linking rules is that if you become ill again you don't have to have 13 weeks on the assessment rate before going on to the assessed rate. Instead, once it's been confirmed you are eligible for the WRAG again, your claim gets backdated so that you'll have received that rate since the start of your 'new' claim.

Exactly as I thought. You don't have the 13 weeks 'waiting time' on assessment rate.

So if my benefits office say the linking rules apply to my claim, then why on earth have they put me back onto this 13 week assessment rate, rather than the WRAG rate (as before)?

Surely that's the same as a new claim!