Waiting period for a new ESA claim?

carmind wrote: I recently represented a client who lost her ESA Appeal Tribunal.
She has now re-applied for ESA but has been told that she must wait 6 months from the date of the Tribunal decision before re-applying.
I have had cases in the past when clients are told thay must wait 6 months from the original DWP decision, but not the Tribunal date. (Any appeal always takes more than 6 months from the original decision anyway!)
Is there an actual DWP regulation on this matter?

There is no six month rule, or rather, there is but it does not prevent a new claim for ESA!

First, any rule would apply from the date of the original Decision not the date of a Tribunal as the panel re-make the original Decision, from the date of that Decision, they do not make a new Decision.

Secondly, the rule is that a claimant cannot receive ESA payments for six months from the Date of the original Decision, or until they attend another WCA, unless they have a new condition or can show a significant deterioration in the original Decision, but this does not prevent a new claim being made on the original conditions.

It is covered under Regulation 30.2(b), although there are other Regs. that are relevant, have a look at RightsNet, there are several discussions covering this subject in the ESA forum.

Gordon