reclaiming esa

zim wrote: I can't find any information on this; I wondered if the experts could help me.
I'm currently getting contribution based esa, and am in a work related activity group, which expires after 365 days. I am waiting for a tribunal, as I have appealed to be placed in the support group. My current situation is, that I am living outside the uk, but am making provisions to return.
My question is; If I am unsuccessful in my tribunal appeal and then subsequently lose my esa after 365 days, would I be allowed in the future to reapply to be reassessed (my condition is degenerative)? If so, is there a time gap, for reapplying? and would I be treated as a new claiment?

As long as you continue to have Limited Capability for Work, you currently have this, then you can at some point in the future, ask to be re-assessed to be placed in the Support Group, if successful then your ESA(CB) should be re-instated from that date and remain in payment while you remain in the SG.

When your ESA(CB) ends the DWP should continue to credit you with NI Credits which count towards a full State Pension, you will be re-assessed on a regular basis but as long as you pass you will continue to have LCW.

Gordon

zim wrote: Thank you Gordon for your reply.
May I ask you one more question on this topic, please;

After speaking to the dwp, overseas dept, this morning; they have told me that after the 365 days (end of next January) I am effectively out of the system...no esa payment, no NI contributions paid, no healthcover. I have asked them if I have not returned to the Uk by the cut off date, but within the next couple of years, will I be able to reclaim my right to be in the Limited Capability for Work group, or have to reapply as a new claimant? this question, they didn't know the answer.

I cannot give you a specific answer as the legislation dealing with claims abroad may supersede the basic benefit rules.

However, as far as I am aware the requirement is the you maintain your Limited Capability for Work, there are two aspects to this; first is that the LCW is not removed by the DWP through assessment, as they appear to be saying that they are not going to assess you then this may not be an issue, secondly through your own actions, you remove your LCW, this could be because you start work or make a claim for another benefit.

The bottom line is that you will only really know by testing the situation which of course will be too late to correct any "problems" that have developed in the interim.

Gordon