ESA - Linking Rules - DWP Mistake?!

Cpt.Scarlet

As I understand it the DWP are deliberately creating a catch-22 situation.


In order to invoke the linking rule your claim has to seperated by a period of work, however, in order to do this your Limited Capability for Work must have ceased (e.g. you were no lionger ill), so you need to re-establish your LCW before they'll pay you.

Basically, all they are allowing you is a re-claim within six months of a previous claim, with no new condition of deterioration of your existing illness.


As I understand it, this is different from how the linking rules were applied under IB, but of course, they no longer apply anyway.

SimIsOnTheUp

Two4Tuesday wrote: »

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.

Ok. So I take it you were on the Support Group previously?

NASA_2

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.

SimIsOnTheUp wrote: »

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!

They have put you back on the assessment phase rate because that is exactly what the guidance tells them to do.

I still cant find the guidance but from memory it says something along the lines of 'the claimant will be paid at the assessment phase rate of ESA until a decision can be made on their LCW'.

So, the way it reads is that you are paid at the assessment phase rate but your are not in the assessment phase, that is why you can be backdated to day one of the new claim but only after having your LCW confirmed again for the new claim.

I know the guidance is there somewhere but maybe I can only access it from work.

This has been checked numerous times though and the answer from the great legal minds in the DWP Policy group come back with the same answer.

SimIsOnTheUp

NASA wrote: »

They have put you back on the assessment phase rate because that is exactly what the guidance tells them to do.

I still cant find the guidance but from memory it says something along the lines of 'the claimant will be paid at the assessment phase rate of ESA until a decision can be made on their LCW'.

So, the way it reads is that you are paid at the assessment phase rate but your are not in the assessment phase, that is why you can be backdated to day one of the new claim but only after having your LCW confirmed again for the new claim.

I know the guidance is there somewhere but maybe I can only access it from work.

This has been checked numerous times though and the answer from the great legal minds in the DWP Policy group come back with the same answer.

Thank You for clearing that up NASA.

So, I'll be paid the 'assessment rate' until / if (as if) the medical 'professional' decides whether or not I'm ill?

SimIsOnTheUp

Btw, does *everyone* get called to a medical?

I've sent back the ESA50 or whatever it's called, and am just hoping that they don't put me through that again :-/

NASA_2

SimIsOnTheUp wrote: »

Thank You for clearing that up NASA.

So, I'll be paid the 'assessment rate' until / if (as if) the medical 'professional' decides whether or not I'm ill?

Yes, its also a requirement to supply medical evidence for these claims.

There have been people who have closed their claim for a day and reclaimed only to be paid at the lower rate. It seems fairly obvious that advocacy groups still have the old rules on their websites which state that the rate will be the same on the new claim.

NASA_2

SimIsOnTheUp wrote: »

Btw, does *everyone* get called to a medical?

I've sent back the ESA50 or whatever it's called, and am just hoping that they don't put me through that again :-/

Unless you are dying or can be treated as having LCW for one of a small number of reasons then you will be called.

Next to no-one is exempted now.

SimIsOnTheUp

Many Thanks NASA.

It's just galling that I forced myself back into work too early last year.

By trying to get off benefits, and back into work, I'm now in a worse position than if I'd just stayed on ESA! Madness.

SimIsOnTheUp

I'm starting some 'Permitted Work' from home tomorrow. I've already told the DWP about this, and it's fine as it's only a few hours a week.

To think that no one, either at the Jobcentre or at the Godawful 'Pathways to Work' place told me about Permitted Work..

I found out about it on MSE!

Former_MSE_Andrea

Hi

Please don't swear on the forum. It's why we put certain words in the swear filter so please don't try to circumvent them.

Thank you!

Andrea