ESA(CB) Reclaim

We would be very grateful for your advice about ESA(CB) Reclaim.

Timeline

2006-2016
IB (Medical exempt) & ESA (CB) Support Group (Including 2 successful appeals) my wife's condition is lifelong chronic and slowly progressive and has been throughout.

Aug – ESA Stopped & appeal submitted
Dec – Tribunal adjourned (For further evidence)

2017
Aug – Tribunal not entitled result. (There was a DWP rep in attendance and it was like a 45 minute WCA)
Oct – Reclaim allowed.

2018
Feb -We received two letters;

First letter stating that they had looked at all the information they have and will continue to pay ESA. Placing her back in the support group and also stating that they will not request any further WCA.

Second letter stating that they cannot pay ESA(CB) because she has not paid enough NI contributions. (The tax years they looked at she was in the support group throughout not being capable of work)

Both letters were dated the same, the good news was received a day before the not so good.

I submitted a mandatory reconsideration and was informed by the decision maker on the phone that the two claims are not linked (over three months) even though we made the reclaim within three months of the tribunal result. Also that the NI test is correct.


I am waiting for written confirmation, with the intention of appealing & submitting a formal complaint.
We would be very grateful for any advice & guidance you can give.

Many thanks.

PS My wife was rewarded PIP this January, enhanced rate for both components

Hi Gordon
Thank you for your reply.

Yes the Tribunal upheld the decision that my wife was fit for work even though the evidence stated the conditions are chronic life long and slowly progressive.
Sorry it should have read repeat claim, not re claim.
We had to provide evidence that of a new condition and the existing conditions had got substantially worse before they would issue the ESA 50.