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Linking rules
Can anyone clarify this, I’m working at home today and dont have access to Sweet and Maxwell.
Cl is on CBESA in the Support group and has too much capital for UC or IRESA. I understand that this is legacy ESA, not new style.
They are thinking of trying to go back to work and want to know about the twelve week linking rule. According to Reg 86 of the 2013 ESA regs any break of less than twelve weeks is considered as one continuous claim so the NI conditions in place at the start of the original claim could still be used.
What is less clear is whether the LCWRA/Support Group would be in place automatically if they reclaimed CB ESA within twelve weeks, the CPAG book is quite ambivalent about this ( it says ‘you MAY get one of the components straight away’). On fair reading of the Reg I would say ‘yes, but I don’t seem to be able to find anything to either confirm or deny this.
Assuming the claim is in fact for legacy ESA would the reclaim be for NS ESA?
thanks ( and sorry if its obvious!)