The six month rule regarding claiming ESA

Hi there great to see you are back!I am having a problem re receiving ESA.I started work in June 2010 but had to finish at the end of July 2010 because my Fibromyalgia became chronic. Re-claimed on-line on 31/07/2010, claim eventually taken over phone and told it would be treated as linking(as previously claimed ESA up to 31/05/2010, although had sent appeal to tribunal as scored no points on WCA) and would receive benefit shortly. Last week still no money, phoned again and told benefit was suspended due to "six month rule", and I must complete the ESA50 and be seen by Atos before 12/09/2010 when my current sick note runs out!I googled the "six month rule" for ESA and it says if you claim within six months of last claim (which is waiting to be heard at Tribunal expected listing date November /December ) you can not receive ESA unless you are significantly worse, which I am as GP has increased Medications and referred me to a Specialist in Rheumatology! I have another sick note which takes me to end of September but need advice as to whether they should pay me as I had to give up work and claim again due to my condition becoming chronic.I found and amendment to ESA Regulations on Welfare Rights Bulletin 213 concerning restrictions to reg 30(2)B but not sure if this has been cancelled out by anything issued in by DWP in June!!Sorry if this is a bit technical but the six month rule is! I am not even sure if the DWP undestand it! My friend helped me complete the ESA 50 with your guidance but I am not convinced that I will get an assessment with Atos by the 12/097/10! Help
Thank You Janice

Hi Janice,

It sounds like you're more up-to-date with the six month rule than I am.

But, essentially you're correct that reclaiming ESA within six months of being refused will mean that you won't receive the assessment rate whilst waiting for a decision unless you have a new condition or there has been a significant deterioration in your current condition. What counts as a significant deterioration will, of course, always be open to disagreement.

Do you have a link to the amendment you mentioned?

Steve

Hi Steve
I am sorry I took so long to reply been a a bit poorly.Not very good with computers so I will just give you what I think you want.

www.cpag.org.uk/cro/wrb/wrb216/ESA_appeals.htm

.All I did was google six month rule ESA and it was the first one on the page, am currently battling DWP over this six month rule and asked them to explain the six month rule in writing to justify their disallowance of my claim. They were not at all happy!Lets see what happens fingers crossed Janice

Mod Edit - Supplied weblink inactive - I think I have found and inserted the correct link.

pete17971
moderating team

Hi there
looks like the link I used has been superseded by new legislation but i will give it you anyway-I found it useful because it gives examples! www.cpag.org.uk/cro/wrb/wrb213/ESA.htm.
Thank you Janice

JANICE wrote:

Hi there
looks like the link I used has been superseded by new legislation but i will give it you anyway-I found it useful because it gives examples! www.cpag.org.uk/cro/wrb/wrb213/ESA.htm.
Thank you Janice

The URL link you have mentioned does not work and is inactive.

Can you provide the correct link?

Hi CD,

Try the link I posted when I edited the thread above the one above - I belive that is the one to which Janice refers.

Cheers

Pete