ESA Linking rule

Hi

I was claiming IR ESA and was put into the support group for over a year.

I then gained P/T employment so signed off ESA in March 2013. I have been working since then but had to give up work recently due to my health issues getting worse.

So I made a claim for ESA via the telephone on 3/12 and have already been sent the ESA50 form to complete.

So I have just received the statement through the post (which clarifies everything I told them on the phone) and I've noticed it says Claim Type: Rapid Reclaim.

Does this mean that I will be put back into the Support group because of the 104 week rule?.......this was not mentioned to me at the time of the claim, I just found out doing an internet search. From what I've read on the internet this rule has been abolished but I can only see that regarding CB ESA not IR ESA.

Today I have called the ESA enquiry line and they just seem so clueless and not really sure either way about the linking rules!

daisycat22 wrote: Hi

I was claiming IR ESA and was put into the support group for over a year.

I then gained P/T employment so signed off ESA in March 2013. I have been working since then but had to give up work recently due to my health issues getting worse.

So I made a claim for ESA via the telephone on 3/12 and have already been sent the ESA50 form to complete.

So I have just received the statement through the post (which clarifies everything I told them on the phone) and I've noticed it says Claim Type: Rapid Reclaim.

Does this mean that I will be put back into the Support group because of the 104 week rule?.......this was not mentioned to me at the time of the claim, I just found out doing an internet search. From what I've read on the internet this rule has been abolished but I can only see that regarding CB ESA not IR ESA.

Today I have called the ESA enquiry line and they just seem so clueless and not really sure either way about the linking rules!

Hi d22,

I am afraid that the 104 Week linking rule that you speak of has been abolished.

There is now only a 12 week linking rule for CB or IR ESA.

See this extract :

"Linking PLCW

41111.

Claimants do not have to serve waiting days if there is a linking PLCW. There is a linking PLCW when a PLCW is separated from another such period by not more than 12 weeks."

From 41111 in : DM Guide Chapter 41 - ESA conditions of entitlement.

PLCW = Period of Limited Capability for Work. (unfit for work)

I therefore have no idea why they would be classing a "fresh claim" as a "rapid reclaim" when it seems that you closed your previous ESA claim well over 12 months ago.

You will undergo a fresh assessment from scratch, and you should be aware that there were changes to the qualifying criteria in January 2013.

You might wish to consider :

Using The PDF Version Of The ESA50 Questionnaire

Whilst referring to the guides on this page :

ESA Claims Guides

See also :

How long do I have to complete the ESA50?

ESA50 too big for the envelope

&

Sending Documents to the DWP or ATOS

Remember to take Xmas & N/Year into account when returning your ESA50 by the deadline given, as ATOS will not make any allowances for Bank Holidays postal restrictions.

You should treat this as if it was your first claim/assessment when filling in The ESA50, and not assume that ATOS/DWP will hold any historical evidence on the limitations that placed you into The SG last time.

Of course, you may well be placed into The SG once more, with or without the need of a face to face assessment.

bro58

Bro58, thanks for your reply.

Maybe it was just a typing error on their part putting 'Rapid Reclaim' on my statement.

It's so frustrating talking to the staff dealing with cases as it seems they don't know what they are talking about half the time!

Thanks for your guidance, I have already used the guides here and sent the completed form back today as it needs to be back by 7th January.

daisycat22 wrote: Bro58, thanks for your reply.

Maybe it was just a typing error on their part putting 'Rapid Reclaim' on my statement.

It's so frustrating talking to the staff dealing with cases as it seems they don't know what they are talking about half the time!

Thanks for your guidance, I have already used the guides here and sent the completed form back today as it needs to be back by 7th January.

Hi dc22,

Best of luck !!

I doubt very much that you will hear any further regarding your ESA50/WCA until well after the New Year.

The problem with advice given when you ring The ESA phone number is that you only speak to a Call Responder in a Call Centre.

Their knowledge is limited to basic queries, and to receive "better" more accurate advice one should request a call back/escalation from a Manager/Supervisor.

I hope that you enjoy Xmas and New Year as much as possible !!

Cheers

bro58