Has The Rule Changed?

xsunnysuex

Good morning. I have read on another forum that the rule has changed regarding being able to apply for ESA again after a failed appeal. As I understood it, you could reapply for esa after a failed ESA appeal as long as it has been 6 months since the appeal process had started.
I read this morning that you can now only apply for ESA again from 6 months after the failed appeal. This person states it is a new rule started just a few weeks ago. Does anyone know if this is true?

enabledebra

xsunnysuex wrote: »

Good morning. I have read on another forum that the rule has changed regarding being able to apply for ESA again after a failed appeal. As I understood it, you could reapply for esa after a failed ESA appeal as long as it has been 6 months since the appeal process had started.
I read this morning that you can now only apply for ESA again from 6 months after the failed appeal. This person states it is a new rule started just a few weeks ago. Does anyone know if this is true?

There is a myth about having to wait 6 months before claiming ESA after a decision that the claimant is able to work. All this means is that if you reclaim within 6 months of being refused/taken off ESA they won't give you the 'benefit of the doubt' which allows other claimants to recieve payment on the basis of a GP 'fit note' until the DWP medical assessment. Instead payment won't be made until the assessment is carried out and passed. This rule is not new.

There has been a recent change to the 'linking rules' which means that for contribution based ESA the 2 tax years that are counted for entitlement on the basis of National Insurance Contributions must be immediately prior to the benefit year in which the new claim is made. Before the change a reclaim for CB ESA could rely on tax years immediately prior to the previous claim (rather than the new claim) as long as the 2 claims were made within the applicable 'linking period'. Do you think this is what they might have meant?

xsunnysuex

enabledebra wrote: »

All this means is that if you reclaim within 6 months of being refused/taken off ESA they won't give you the 'benefit of the doubt' which allows other claimants to recieve payment on the basis of a GP 'fit note' until the DWP medical assessment. Instead payment won't be made until the assessment is carried out and passed.

Do you mean no benefit will be paid at all? Or will it be at a reduced rate? thanks for your help.

enabledebra

The rule means no payment at all - but there are exceptions such as a new condition or evidence of significant worsening of an existing condition.