ESA Appeal win

libbya,

Unfortunately, if you are in the work-related activity group, you usually can't have any more contribution-based ESA after your year ends. One exception would be if you have a different tax year of national insurance contributions or credits which you can use to qualify. If you have a break in your ESA payments of at least 12 weeks, this rule is worth looking at. 

For example, if you claimed in 2016, the tax years that would have applied were 2013/14 and 2014/15. But if this time, you claim in 2018 (which you will need to, to make sure you have at least a 12 week gap), then you can use the tax years 2015/16 and 2016/17 (both different tax years as you can see). If you worked in 2015/16, paying NI, and then had one year of NI credits in 16/17 (or part work, part credits), you could potentially qualify again.

You get a credit for limited capability for work, so quite a few people do find they are entitled to another year of cont ESA if they were working and paying Class 1 national insurance immediately before the first claim.

If you were to get worse, and qualify for the support group, you can revive your cont ESA. To do this you need to remain assessed as having limited capability for work and get national insurance credits for this, even though you do not get ESA. You need to apply to the DWP for the credits. I'd recommend doing this anyway, both in case you get worse, and to protect your national insurance record for your retirement pension. 

Another option is to appeal further against the tribunal decision if you think you should be in the support group, but you can only do this on an 'error of law' and it isn't easy to do without some locally based professional advice.

You should get arrears of your cont ESA now you have won your tribunal. You may find the cont ESA is slightly reduced because you have pension payments, but this should only apply if the pension payments are worth more than £85 a week.

Will