rahul88 wrote: My partner claimed esa a few years ago. He failed his medical and won the tribunal. He has ran out of NI contributions so doesn't received it now. We are looking into applying for PIP and seen that ESA medical information can be used to help make a decision. Is this still the case if he doesn't claim ESA any more? His condition has changed since the ESA medical.
Hi r88,
Firstly, if your partner has not formally closed their ESA claim, (still in receipt of NI Credits only) and can show that they now qualify for The Support Group (SG) rather than the WRAG, their CB ESA payments would be reinstated from the date that they made a written request for a review to be placed into The SG, if successful.
They would have to show that they now fulfil at least one of :
The Functional SG (LCWRA) Schedule 3 Descriptors or that they qualify under :
ESA Reg 35 for entry to The SG (LCWRA) See :
Qualifying for the Support Group &
ESA Claims Guides With regards to PIP, although some of the medical information used in their ESA assessment may help with their PIP claim, the qualifying criteria is different, and they would have to provide any evidence themselves along with The PIP 2 Form, rather than relying on The DWP to reference it.
See :
PIP Self Test &
PIP Claims Guide. (2nd Link down the page) bro58