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six month rule new regualtions?

Gordon
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9 years 5 months ago #144268 by Gordon

Replied by Gordon on topic six month rule new regualtions?

jasonb1123837 wrote: also I got this quote form another forum they seem to think the new rules may only apply to those making a claim on or after 30 march 2015 though form wording of your post and other sources seems unlikely the quote may point to only exceptions but im not sure -

"The Department notes the observations made by the Committee as to the drafting of the “Application” provision (Regulation 2). The policy intent has always been that the Regulations apply solely to those making a repeat claim on or after the 30 March 2015, and we have now made amendments which we hope make it clear that this is the case. "

Yes, the new claim needs to have been made after 30 March 2015, but the previous claim can be at any time in the past.

To be clear, if a claimants last ESA claim resulted in a Fit for Work then the new rules apply.

Gordon

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Gordon
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9 years 5 months ago #144270 by Gordon

Replied by Gordon on topic six month rule new regualtions?

Jason

re your last post.

Not sure what point you are trying to make

Your original post was in regard your making a new claim for ESA which we answered.

If your appeal is in regard a first FfW Decision, a first FfW Decision following an award of ESA or a claim made before 30 March 2015 then you are entitled to payment of the ESA Assessment rat while you wait for a hearing.

Gordon

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jasonb1123837
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9 years 5 months ago #144772 by jasonb1123837

Replied by jasonb1123837 on topic six month rule new regualtions?

thanks Gordon yeh I was just getting confused a bit over the esa new rules is all i got it now focusing on the ESA pending appeal if someone fails at tribunal and even though the first ESA was made before march 2015 any subsequent ESA appeal would not be awarded any benefit while waiting to appear at tribunal ie the 2nd claim is made after march 2015 and not linked in any way to the initial claim made before march 2015 though its for the SAME health condition got it thanks

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ALPHA
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9 years 5 months ago #144850 by ALPHA

Replied by ALPHA on topic six month rule new regualtions?

Existing claimants those that have made a claim before 30 March 20015 like many here will be entitled to the assessment rate if a medical and the subsequent Mandatory Reconsideration does not go in your favour. Is that right ?

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Gordon
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9 years 5 months ago #144858 by Gordon

Replied by Gordon on topic six month rule new regualtions?

ALPHA wrote: Existing claimants those that have made a claim before 30 March 20015 like many here will be entitled to the assessment rate if a medical and the subsequent Mandatory Reconsideration does not go in your favour. Is that right ?

Only at appeal!

Gordon

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ALPHA
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9 years 5 months ago #144916 by ALPHA

Replied by ALPHA on topic six month rule new regualtions?

What is the 6 month rule new or old regulation ?

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six month rule new regualtions?

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