aquila ann wrote: Hi I have received the 1 year allowance when placed in WRAG group. If at a later date you are given no points and removed from WRAG but on appeal get 15 points again and put back in WRAG are you entitled to another years allowance? Assuming you will have been out of WRAG altogether for at least 12 weeks?
I'm afraid not, in the scenario in your post the appeal remakes the Decision to find you Fit for Work and therefore it is a continuous claim.
The only way to get a second year of ESA(CB) is if you can re-meet the Contribution Conditions afresh with at least one of the years used being later than the one used in your original claim, there should be no need to close your current claim for this to happen.
This means that you will have to have received NI Contributions in the Tax Years 2013-14 or 2014-15 and they must not have been used in your original claim. NICs can only be acquired through employment or registered self-employment, Your ESA only pays NI Credits which can be used to meet the second Condition but not the First.
Gordon
