12 Week Linking Rule

Adviceplease

Hi,

I was on ESA - contribution based (New Style ESA) since 2016/17 - Support group so not means tested.

2 weeks ago I attempted a new start and gained employment and started training.

I really don’t know if I’ll be able to see the training through and start the job and was wondering if the 12 week linking rule still exists and if so whether I’d have to provide doctor notes etc or if I would just ring up and be placed back in the support group and whether I’d ring the same number to do this (0800 169 0310) as I did to report the change of circumstance of starting work.

(I don’t recieve UC or other means tested benefits and would only want to go back onto the NS/CB ESA)

Thanks

poppy123456

Yes, you should be able to reclaim New style ESA with the 12 week linking rule. https://www.legislation.gov.uk/uksi/2013/379/regulation/86/made

Adviceplease

Thank you for this link.

Do you have any idea if they will just add me back in or whether I’ll have to provide any kind of evidence ?

poppy123456

You won't need to provide any evidence. You just need to contact New style ESA and ask them to restart your claim under the 12 week linking rule.

For future reference are you aware that you can do permitted work and still continue with your ESA. You must make sure you tell them you're working and fill out a PW1 form. You must also make sure you work less than 16 hours/week and earn no more than £167/weeek. https://www.gov.uk/government/publications/employment-and-support-allowance-permitted-work-form/permitted-work-factsheet Please note that the permitted work earnings limit does increase each April.

Hannah_Alumni

Hello @Adviceplease

I can see Poppy has been able to advise Just wanted to say, welcome to the community! 

Adviceplease

@poppy123456

thanks for this info, to
the best of your knowledge when I call up to rapid reclaim will this all be done over the phone as I really don’t want to have to go to a job centre and haven't had to before. 

poppy123456

No problem. Yes, it should all be done over the phone.

Adviceplease

Hi @poppy123456

I’ve just had a text off the DWP (On a Sunday) saying the telephone for a rapid reclaim is 0800 055 6688.

I called 0800 169 0310 last week to do the rapid reclaim and the guy I spoke to said that he had restarted the claim when I explained I couldn’t continue working after the 3 weeks training I had gotten through - he said I might go on a reassessment phase to which I quoted the legislation and said that shouldn’t be the case as even if it does trigger a ESA50 I should be paid the same until the reassessment takes place. He didn’t seem to know what he was doing in all
honesty, he also said he would email the centre that my claim was based at.

Now I’m really confused and worried as I have to call this new number based on this vague text and it says on the gov website and the phone IVR that that number is for new claims.

Could you shine any light on what this might mean as I’m very anxious about tomorrow.

thanks in advance 

poppy123456

As it was New style ESA you were claiming the number you rang ending 0130 is incorrect, that’s the number for the old contributions based/Income Related ESA. 

For New style ESA it’s the number you were advised in the text. Yes, it’s the new claim number but just tell them you want to reclaim using the 12 week linking rule.

You won’t need another assessment. 

Adviceplease

Hi @poppy123456

I’m at my wits end, I’ve called that numbers and I’ve being told that rapid reclaims don’t exist and that every claim has to be a new claim.

I challenged this and got passed back through to the enquiry line.

I’ve then made a complaint saying why does the text I’ve received even indicate the phrase ‘rapid reclaim’ if everyone is telling me it doesn’t exist.

I've then pointed out the legislation of regulation 86 12 week linking rule and I’m still being told I’ll have to make a new claim.

I’ve insisted that the benefit office contact me and I should hear back within a few working hours, what else can I say/do ?

thanks for your help so far 

poppy123456

I’m fairly certain that a new claim is needed but they will then link both claims together because of the 12 week linking rule. 

Adviceplease

I’ve been called back by the benefit centre.

I’ve been told there’s no such thing as a rapid reclaim and I have to do a new claim, I will be on assessment rate until a WCA is complete.

I presumed I would be put straight back into support group but this doesn’t seem to be the case @poppy123456

poppy123456

That’s not correct. There’s such a thing as the 12 week linking rule as you can see here 

poppy123456 said:

Yes, you should be able to reclaim New style ESA with the 12 week linking rule. https://www.legislation.gov.uk/uksi/2013/379/regulation/86/made

Adviceplease

I’ve quoted this too them too @poppy123456  but still I was told I had to do a new claim and I can do this either through phone or online. I’ve been back and forth with them all day so I decided to do it online.

During the process this was an option and I have indicated yes to the 12 weeks question. (See picture)

The following pages didn’t appear to have any correlation though and were just all the usual
questions and info you would expect if making an actual first time new claim.

I’m not going to lie I feel really despondent and down at the fact I may be facing the assessment rate rather than the support group when I know I still qualify - all I did was attempt a fully remote from home job for 3 weeks that i still couldn’t manage.

I guess I now have to wait and be punished for trying.

 

poppy123456

As I advised, you have to make a new claim and they will link this claim to your previous claim. The above screenshot confirms my advice because you’ve been asked if you claimed ESA within the past 12 weeks. 

The reason it asks you the same questions it asked you the first time is because it’s a new claim. 

Once the new claim is linked to your previous claim you will be placed into the Support Group and be entitled to £129.50/week. You won’t be on assessment rate. 

Have you also checked entitlement to Universal Credit? If you have savings/capital of more than £16,000 you’re excluded from claiming. If you live with a partner you need to claim as a couple. The ESA will be deducted in full
from any UC entitlement. 

Adviceplease

Thank you for your advice. All
the advisors I have spoken to so far have said it’ll most likely be assessment rate but I’m guessing that’s probably to cover there own back?

Hoping that what you’ve advised will happen automatically and won’t be something I have to fight for but the indication so far that all 3 advisors have given me is all along the lines of ‘send some medical evidence in just in case,
possibly a sick note, and you’ll be on assessment rate’ which is what I believe is making me feel anxious as they just don’t seem to either understand or want to commit to the same advice you’ve provided.

thanks again and I’ll keep this post update as to the outcome.

poppy123456

Was it the call centre you actually spoke to? If so then please remember that they are not DWP staff, they are not benefits advisors and they have very little benefits knowledge. 

Adviceplease

I spoke to the enquiry line: 0800 169 0310 

The new claim line (as per text message) : 0800 055 6688

Then I had a call back from a benefit  centre arranged by the enquiry line which I believe  used to handle my claim which I believe was St Helen’s - who then just confirmed I have to do a new claim, rapid reclaims arnt a thing, 12 week linking is for
the purpose of NI contributions and that I should send medical evidence in and I’ll be on an assessment rate until a WCA decided otherwise.

All very messy and hard to find answers anywhere other than the regulation you’ve pointed out. 

poppy123456

Those 2 numbers are call centres. St Helens is a Local Job centre and all the advice you’ve been given by each of them is incorrect.

The regulation i linked you to is correct. 

You can’t just go straight back into your old claim. The reason it’s known as “12 week linking rule” is because the new claim will be linked to your previous claim. 

What about UC have you checked entitlement to that as well? 

Adviceplease

Thanks @poppy123456, I agree with you whole heartedly and the only thing that has made sense that anyone has told me is the information you have provided me. The misinformation is awful for my anxiety so fingers crossed common sense will prevail here. 

poppy123456

You’re welcome. Please come back and let me know how you got on, if you can.