re 12 month limit of ESA contribution base

pete17971 wrote:

Gareth wrote:

pete17971 wrote:

Gareth wrote:

Having looked into this and received correspondence from the ESA Policy Team (via my MP) it would appear that at the end of one's one year on CB ESA (if placed in the WRAG) provided there is a gap of 12 weeks then one can submit another claim for CB ESA.

Hi Gareth,

That's interesting.

So, are they saying after the 12 week gap one reclaims ESA and if successful in the WRAG restarts another 12 months of ESA WRAG (Contrib) and then the whole process goes round again?

It seems a bit too good to be true to be honest!!

Pete

I can only convey what I've been told by my MP via the ESA Policy Team. I can copy what they emailed me if you would like to read it.

Hi Gareth,

Yes if you could, it would be much appreciated. Or if you would rather not post it on the forum if it contains anything personal etc, could you forward a redacted version to Steve?

Cheers

Pete

I've no problem posting anything here!!

ESA Policy Team Response:-

"A fresh claim for contributory ESA can be made after the 1 year expires at any time. However, if the claim is made within 12 weeks of the first claim expiring the linking rules will apply, and no contributory ESA will then be paid if that person is placed in the WRAG again. A fresh claim for contributory ESA will only succeed within 12 weeks if that person is placed in the Support Group because time limiting will not apply to the Support Group.

Also, income-based ESA will not be time limited under current proposals whichever group people are placed in. People are able to claim income-based ESA after the 1 year expires if they satisfy the relevant qualifying conditions."

I made Steve aware of this revaluation when I became privy to them back in June.

Gordon wrote:

Gareth wrote:

Having looked into this and received correspondence from the ESA Policy Team (via my MP) it would appear that at the end of one's one year on CB ESA (if placed in the WRAG) provided there is a gap of 12 weeks then one can submit another claim for CB ESA.

I don't believe this is correct, the one year is a total, not per period in the WRAG, so once you have been in the WRAG for a total of 12 months you cannot reclaim ESA(CB) without re-qualifying for it through your NI history, which requires at least one "year" of receiving qhalifying NI credits that is after the previous period of benefit.

This is documented in the Welfare Reform Bill explanatory notes.

Gordon

Damian may have found a way through the maze of the NI Regs pertaining to CB ESA but there again who knows!!

Here

Gordon wrote:
Yes, I;ve seen this argument, the problem is that I believe the DWP have changed the rules for ESA(CB) so that only the last two years are taken into account, so this scenario does not work.

Well if you can find any references to that assertion then I'd be more than happy to take them with me the next time I meet with my MP to discuss this matter with him.