I've been receiving contribution based ESA since Dec. I've not had an ATOS assessment yet.(though I did receive a letter asking why I hadn't attended an appointment - I explained that I'd not been notified of it).
I hope to return to work early next month but not sure whether I will be able to manage.
My question is: If things don't work out at work and I am off again, will I be able to claim ESA again? And, would it make a difference whether any new period of sickness started before or after the new rule changes at the end of April?
The first thing you must do is ensure that your current claim for ESA is closed cleanly. You mention that you missed an appointment, was this for the WCA medical?
Failing to attend the medical can result in you being found Fit for Work due to a technical infringement. If this happens, any new claim for ESA will not be paid on until you have successfully attended a new medical.
Ignoring the above. If you re-claim ESA within 12 weeks of the end of your current claim, then it will be classed as a continuation, this will mean that both periods are taken into account with regard to the time limiting of ESA(CB).
If you claim outside of the 12 weeks, your claim will be treated as new, effectively re-setting the 365 days to zero.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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