Reapplying for ESA eligibility

Brief history:

Boyfriend got knocked off motorbike in 2009. Suffered various muscle/tendon injuries, received the usual SSP and then claimed ESA for a year (contribution based). He wasn't eligible for the income based due to my savings so stopped claiming and hasn't claimed anything since. He hasn't been 'fit for work' since the accident (5 operations up to now). His physio has advised he doesn't work for the foreseeable future to minimise further damage to his joints.

I now no longer have the above mentioned savings (it was a deposit for a house which is now purchased). I presume he is now re-eligible to apply for income based ESA?

My other question is that his consultant suspects he has a muscle tissue type disorder which is why he has struggled so much to recover. He will be going for tests shortly. Is it better/easier to apply for ESA with a diagnosis? With the last application I got the impression it was more what you can/can't do rather than diagnostic based but that could just be my interpretation.

Many thanks

Hi rahul88 and welcome to the forum. Assuming that you are also new to the site, this FAQ should help you find your way round.

Welcome to Benefits and Work

It sounds as if your partner is not eligible for contributory ESA so would have to go down the Income-Related route again.

Do you and your partner live together? Do you work more than 24 hours a week or have savings above £6000? Either of these would mean that your partner is not eligible for IR benefit if you live together.

24 hour work rule for ESA(IR)

Asset rule for ESA(IR)

You are correct in saying that ESA is awarded due to limitations rather than a diagnosis - although a diagnosis does back-up things that the person is claiming. It is currently taking a year or more, in some cases, for an ESA decision to be made and the claimant can continue submitting evidence and information during this time.

Have a look at our ESA guides, then come back and reply to this post if/when you have further questions.

ESA claims and appeals

ESA FAQs

Hi, thanks for the reply.

Yes we do live together, and I do work full time. I guess he is unable to claim anything then!

rahul88 wrote: Hi, thanks for the reply.

Yes we do live together, and I do work full time. I guess he is unable to claim anything then!

If his disability had already lasted for 3 months and is expected to continue for another 9, he should consider claiming PIP

PIP help for claimants

If I remember correctly, I think he was claiming ESA slightly longer than the 12 months, but then the 365 day rule came into force and he lost his entitlement. He was in the WRAG (after an appeal). I don't think he would be eligible for the support group at the moment (possibly in future if the condition worsens).

Yes he may have to look into PIP. He applied for DLA shortly after ESA, but they used the ESA medical that he failed as evidence and he wasn't entitled, and we didn't have the energy for two appeals so left it.