failed appeal

My brother-in-law has just had his appeal for ESA refused,he is too ill too claim JSA and his wife works so is there any benefit he can claim.How long must he wait to try a new claim for ESA. Any advice would be appreciated.

TerryS wrote: My brother-in-law has just had his appeal for ESA refused,he is too ill too claim JSA and his wife works so is there any benefit he can claim.How long must he wait to try a new claim for ESA. Any advice would be appreciated.

Hi TS,

Sorry to hear that !!

If six months or more has elapsed since the time of the original adverse fit for work decision that he was appealing, he can make a fresh claim for ESA immediately.

He will have to get a fit note from his G.P., and fill in an ESA 1 Form or make a telephone claim :

www.gov.uk/employment-support-allowance/how-to-claim

If 6 months or more has not elapsed, he can still make a fresh claim if his condition has deteriorated or he now suffers from new conditions since the the time of the original adverse fit for work decision.

In addition, he could request a :

Written Statement of Reasons from the Tribunal, which must be done within one month.

If an Error of Law has been made, it may be possible to make an appeal to The UT.

You will probably need expert advice on this, and Legal Aid is still available for UT Appeals.

Where to get advice?

Unfortunately he would not receive any payment if appealing to The UT, so if this is an option, he could make a fresh claim for ESA, as well.

See also :

Appealing to The Upper Tier, DR UK Factsheet

bro58

Hi TS,

With respect to this extract from your post :

"his wife works so is there any benefit he can claim"

If by this you mean that he has exhausted his 365 days entitlement to CB ESA, as this can still apply even if the CB ESA is paid at assessment rate whilst appealing, and he is not entitled to IR ESA as his wife works, then making a fresh claim for ESA may not result in a fresh entitlement to CB ESA.

He may only be entitled to NI Credits.

Of course I am just making you aware of this scenario, and The DWP will let him know if he is entitled to payment of CB or IR ESA.

bro58