Previous to 30/3/2015, a claimant who was found not to be sick(or the legal term would be 'limited capability for work') could reclaim ESA if it had been at least 6 months since that last decision. The law has changed from that date so that this is no longer possible. So if a client is found not to be sick (fails the limited capability for work test), then they will only be able to reclaim ESA at any time in the future if either-
● is suffering from a new or
● a significantly worse condition
since the date of the previous limited capability for work decision.
If a client reclaims ESA, they usually will not be entitled to ESA until the decision maker decides whether or not one of the two points above applies. This could be quite quickly but in some cases it may mean the client having no money until a new medical is carried out. There are long delays in listings for medical at present.
So perhaps the best advice is that if a client has previously failed the test, they should include evidence(ideally medical) that is persuasive that one of the above two points applies. This would may allow the client to receive ESApendingtheirnextmedical. Extensiveguidanceishere-ESAguidance and
Universal Credit/ ESA(C) guidance.
Confusingly there is a difference if ESA had been previously stopped because the ESA50 questionnaire was not returned by the client or a medical was not attended. A new claim will still be allowed if it has been more than 6 months since the decision. If it's less than 6 months then the client should, as before, complete an ESA50 or arrange a medical as soon as possible