Re Claiming ESA ...

after being found fit for work!

Would I be correct in saying it was 6 months, if so does the 6 months run from (if you appealed the decision) from the tribunal date?


WD

WeDesign wrote: after being found fit for work!

Would I be correct in saying it was 6 months, if so does the 6 months run from (if you appealed the decision) from the tribunal date?


WD

Hi WD,

If you are referring to the scenario in this topic :

www.benefitsandwork.co.uk/forum?view=top...d=10&id=99925#114026

The 6 months period would be from the date of the original adverse fit for work decision that was appealed.

Not the date of the Tribunal Hearing.

bro58

Hi WD,

I should make it clear here, that if one has been in receipt of CB ESA only at The Assessment Rate of ESA whilst waiting for the Tribunal Hearing, that this period in receipt of CB ESA only will come off your 365 days entitlement to CB ESA.

Making a fresh claim for ESA in the scenario above would not automatically entitle one to further payments of CB ESA only.

You only get the 365 days once.

e.g. If the 365 days entitlement to CB ESA had been exhausted whilst waiting for the Tribunal Hearing, you would only be entitled to further ESA payments on a fresh claim if you were entitled to IR ESA.

It would be advisable to make the fresh claim, and let the DWP inform you whether or not you are entitled to CB ESA, IR ESA, or NI Credits only.

bro58