ALPHA wrote: What is the 6 month rule new or old regulation ?
Hi A,
Prior to 30/03/15, an ESA claimant could make a fresh claim for ESA and receive payment after 6 month or more had elapsed since the time of the previous fit for work decision.
The "new rules" that came in on 30/03/15 restricts "Repeat ESA Claims" as discussed in this topic.
" Note that the amended rules apply only where the claimant is now appealing against a WCA failure following a claim made on or after 30 March. So a claimant who claimed ESA before 30 March and appeals against a WCA failure on that claim can get ESA pending appeals under the old rules – ie, it does not matter if it was a second or subsequent WCA failure."
please note -" ... it does not matter if it was a second or subsequent WCA failure." What does this mean in context? I thought you can only have one WCA prior to a MR then appeal.
