Hi, my name is Dwalt! I was on ESA and started to work but had to go back to ESA

Dwalt

I wonder if someone could help me, I was on ESA and started to work for almost a month and a half, however I was not feeling well and try to come back to my ESA again but DWP is saying that I am no longer entitled to my old ESA, and koto qualified for new style either, Its been more than two months now and don't know what to do?? Can someone advise...

chiarieds

Hi @Dwalt - & welcome to the community. If you received income related ESA, then instead of being able to go back to this, as it has been replaced by Universal Credit, then a claim for the latter is possible depending on your circumstances, & that of any partner, if that's applicable.

If you were on contribution based ESA, then there's a 12 week 'linking rule' that means you should be able to link back to your previous ESA claim. Please see: https://www.legislation.gov.uk/uksi/2013/379/regulation/86/made

Dwalt

Many thanks 😊 and very helpful 

Ross_Alumni

Welcome to the community @Dwalt

I am glad that you found the responses above helpful, I look forward to seeing you hopefully getting involved around the community  

Dwalt

Thank you, The advice I was given was reassurance as I was told the same thing from Citizens Advice on the phone, however I protested as I got a response around the beginning of in November 2021 from DWP that I am not qualified for new style ESA and still following it up by asking mandatory reconsideration and every time I call and ask why a decision is not made under the 12 week linking rule been told I will hear from them and now nearly three months no reply, so I really don't know what to do at this stage as I don’t have a written response from DWP for me to appeal in tribunal. I am suffering financially, physically mentally and does not help my medical condition.
Still any idea out there would be helpful.

poppy123456

If your ESA was all Income Related then the 12 week linking rules won't apply. They will only apply if any part of your ESA was Contributions based.

calcotti

If you were getting contribution based ESA you should still pursue new style ESA as a linked claim but have you checked whether or not you are entitled to UC? You can claim both new style ESA and UC at the same time. Note that applying for UC will end any Housing Benefit or Tax Credits you receive so if you are receiving those you may want to get a full benefits check carried out.