Hi, My close relative is coming up to re-assessment time soon after 3 years on CB-ESA Support Group. I was idly imagining scenarios and thought of this:- she was originally put on non-contributary invalidity pension, which later morphed into SDA, because she did not have the correct NI record to go on the usual incapacity benefit. When changing over to ESA there was a fudge to allow such people to get the contribution-based ESA if they passed the test, despite the inadequate NI record. What if this time she fails to get ESA? Would that entitlement fudge span any gap and still be granted if she was successful again in the future? Just wondering. Thanks, W.
Your relative's situation is no different from any other ESA claimant. If there ESA stops and they then make a new claim which is accepted by the DWP then they will need to re-meet the Contribution requirements from scratch.
Based on your post they would not be able to do this with out their working in the interim although they might be eligible for Income Related ESA.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
