Hello folks
Any opinions/experiences about the following situation would be greatly appreciated:
Client was in receipt of ESA until January 2010 on the basis that he suffers from heart problems. Fails WCA, and submits an appeal at the beginning of february, ESA at assessment rate awarded pending appeal.
In late february, client begins to suffer from psychotic episodes, so this is clearly a new condition (no previous history of mental health problems).
What I want to do is start the 'clock ticking' on a new 13 week assessment phase, starting from the date that he first suffered from psychosis. The reason is that my client should be able to have a new medical 13 weeks after the mental health problems arose, and therefore get his support component or work related activity component sooner.
If he waits for the outcome of his appeal, loses, and then makes a new claim, he would have to wait another 13 weeks from that date before being assessed under the WCA, therefore losing out.
So the question is this: would his claim on the basis of his new condition be (a) a new claim or (b) a supersession of his existing claim? The problem with (a) is that it seems unlikely that someone can claim a benefit that are already in receipt of, so I have gone for option (b) but have a feeling the DWP will be having none of it.
As a side note, I know that the change of circs from end of feb should have been notified within one month, but I am pretty sure that this deadline will be extended given that the change is psychotic illness.
Ta very much in advance
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