From 30/3/2015, the rule that allows a new claim for ESA after 6 months of being found to not be 'sick' has been removed. We had a recent query in our Members' Area about this-
'I was going through some older emails to refresh my knowledge and came across this one which states that there is a change that if someone applies for and fails ESA, they can no longer reapply once 6 months has elapsed unless they have a new or significantly worse condition, is this the case?
Occasionally we have come across people who have applied themselves and failed to get ESA but with the right support to complete the paperwork, they are likely to have been entitled. I have someone exactly in this position who has been struggling with JSA and her 6 months is up in March, so I intend to
reapply even though the circs are the same. From April, I’m assuming I won’t be able to do this, is the correct?
Our response- yes the law is due to change in April so that you won’t be able to use the 6 month rule. Options to get the case opened up again would be try a late mandatory reconsideration or argue that there has been a change in their condition or a new condition has developed(this allows a new claim).
If you could show an error of law(difficult) this might also allow the case to be reopened at any time- probably need to referred on to a specialist for this.