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4 years 4 months ago #254481 by jaynebrown69
ESA / UC was created by jaynebrown69
Hi, i was on ESA income based
for many years and was in the support group until 8weeks ago, when i had to come off all benefits as was left some inheritence money which took me over 16k, i am now below 16k as paid a chunk off my mortgage, but when i asked to go back on ESA i have been told i cannot go back on it and have to make a claim for UC, i have put a claim for in for UC but i have lost all the premiums i had on ESA, and the amount they said i am allowed is nothing like i was getting before and i dont know how im going to manage.
What im wanting to know is why i cannot go back onto ESA when i thought there was a 12 week linking rule that applied, also my ESA claim was kept live as i was still allowed to claim CREDITS ONLY.
Is there anyway i can get back onto ESA? or can anyone give me any advice of anything i can do please.
Any help or advise much appreciate.

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4 years 4 months ago #254485 by Gary
Replied by Gary on topic ESA / UC
Hi jaynebrown69

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is.

Welcome to Benefits and Work .

One of the problems you have is that if you apply for UC then you will not be able to go back on legacy benefits.

You are correct when you talk about 12- week linking rule, it would depend if your previous award was not terminated because you were found not to have limited capability for work.
ESA Regs, reg 7, 35A &145; ESA Regs 2013, regs 7, 32 & 86

www.legislation.gov.uk/uksi/2012/919/pdf...siem_20120919_en.pdf

I would advise you to seek help from your local welfare rights worker.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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