ESA TO UC

Maxpain wrote: Hi,
After being assessed fit to work Iam now on UC to seek work. Is it true that I cannot claim ESA (soon to be all under UC name) again with the same condition (Unless it get worse). If so for how long for-or cannot claim ESA again with the same condition...?

OK so this is a bit complicated as you are in a UC area.

If you want to claim ESA(CB) again, known as New ESA in a UC area, then you will need to show a deterioration in your existing conditions or a new condition, likely to result in an award. Depending on what you report, the ESA Assessment rate may be payable before a Decision is made, it is at the discretion of a Decision Maker.

If you want to claim ESA(IR) (no longer the right terminology for UC) then you should be able to as part of your UC claim as it will be treated as a first claim. You will need a new Fit Note and will need to ask to be assessed for Limited Capability for Work.

If this "UC" claim fails then you are back in to the same situation as a claim for ESA(CB)/New ESA above.

Gordon

Maxpain

So as I said in my previous post, if you want to make another claim for ESA(CB) then you will need a new condition or your existing ones to have worsened.

You can make a new claim for "ESA(IR)" under UC as the legislation links back to a previous claim under UC, not ESA.

There used to be a six month rule, this has now been revoked.

You can only have four weeks of sickness under UC.

Gordon