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TOPIC: RELAPSE: UNIVERSAL CREDIT, ESA OLD STYLE OR ESA NE

RELAPSE: UNIVERSAL CREDIT, ESA OLD STYLE OR ESA NE 1 month 2 weeks ago #246933

I was on ESA for 10 years. I asked DWP to stop my ESA because I was starting a new job in March. I have relapsed in my mental health and unable to go to work. I have been given conflicting information by DWP staff on what benefit to claim. One staff said I should claim Universal Credit because I do not have sufficient NI contribution ( but I have NI credits for about 10 years). Another staff said I can claim old style ESA. Another staff said New Style ESA. I am confused. My ESA stopped on 27 February 2020. I relapsed this April. Could you kindly put me in the right direction please as I have no regular salary from work; salary payment date will be 5th May for April month starting from 21 March to 20th April.

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RELAPSE: UNIVERSAL CREDIT, ESA OLD STYLE OR ESA NE 1 month 2 weeks ago #246949

Victoria

The legacy ESA linking rules are still in effect

Linking rules
145.—(1) Any period of limited capability for work which is separated from another such period by not more than 12 weeks is to be treated as a continuation of the earlier period.

So, you should still be within the 12 weeks and should be able to reclaim the ESA that you were receiving before and at the same rate, although it is possible that you will now be reassessed.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

RELAPSE: UNIVERSAL CREDIT, ESA OLD STYLE OR ESA NE 1 month 2 weeks ago #246955

Thank you Gordon. Please do you know which form I need to claim the old style ESA?

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RELAPSE: UNIVERSAL CREDIT, ESA OLD STYLE OR ESA NE 1 month 2 weeks ago #246956

Victoria

You should not need to complete a form, contact the DWP office that was dealing with your claim, they should be able to reactivate your previous claim.

Gordon
The following user(s) said Thank You: Victoria

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