Won appeal, not sure what to do now!

My partner was on Contributions based ESA from 31 March 2015. He had an assessment in Jan 2016 and his benefit was stopped. Mandatory reconsideration failed so we appealed. The appeal found in his favour, he was placed in the wra group and it stated he should not be reassessed for 12 months.

The problem we are having is what to do now. His Contributions based ESA ran out in March 2016 as it only lasts 365 days. DWP paid him the back pay from when they stopped the benefit in Jan up to March 31st. They are asking for sick notes to cover the period from then. Will contributions based ESA start again after a while or do we need to make a new claim? And will the appeal still be valid for that claim? Doc says notes aren't needed if the appeal found in his favour.
We are very confused and the DWP aren't being very helpful.

Hi Catie,

I'm glad that your partner's appeal found in his favour. However, it might seem something of a pyrrhic victory as he was placed in the WRAG as payment only lasts for 365 for people on contributory benefit in this group.

12 Month Limit for ESA(CB)

Payment will restart if he is placed in the Support Group at any future reassessment.

There are two other ways for payment to be restarted -

Firstly, if you have a low enough income and assets to qualify for income-related ESA. This would mean having less than £16000 assets between you, a low weekly income and you must not work for more than 23 hours per week. If this applies to you, you should ask DWP for an ESA3 form which will collect details of your financial status.

24 hour work rule for ESA(IR)

Asset rule for ESA(IR)

Secondly, if your partner worked right up until he started ESA in 2015, and paid NI during the past few years, he might be able to make a new claim. This is not a straightforward situation, please come back to us if you think this might apply - I would hate your husband to close his claim on the strength of this and then end up with nothing!

Unless he were to start a new claim, your partner does not need to submit further fitnotes once DWP have informed you that they have implemented the tribunal decision.

I'm afraid it looks like he might have to make a new claim for contribution based ESA then, as I work too many hours to get income based. The tribunal found that he should continue to get benefit for 12 months without reassessment, and that he had limited capacity for work due to substantial risk of harm due to the high dosage of pain relief etc. he is on. Would their findings still apply to a new claim?

The tribunal decision took into account your partner's condition at the time the first decision was made. You would have to show that this is still the case, especially if you are again relying on the 'exceptional circumstances' descriptor where the onus is always on the claimant to prove that this still applies.

Was your partner working right up until he claimed ESA last year? The NI years taken into account would have been 2013/14 and your partner must have made enough contributions in a later year in order to apply again. I suggest you get face to face advice before going down this path. The claim would have to be closed and a new one made at least 13 weeks later, otherwise linking rules would apply and no payment made.

Ok, thank you. It's so confusing! Would you suggest citizens advice or welfare rights or something?

Catie wrote: Ok, thank you. It's so confusing! Would you suggest citizens advice or welfare rights or something?

Yes.