Section 52: Further entitlement after time-limiting
277.Section 52 inserts a new section 1B after section 1A of the WRA 2007 (as inserted by section 51). This provides for further entitlement to an award of contributory ESA after time limiting under section 51.
278.New subsection (1) of new section 1B provides that where entitlement to contributory ESA (including on the grounds of youth) has ceased as a result of time limiting, a person may become entitled to a further award if since that cessation:
the person has not ceased to have (or be treated as having) limited capability for work;
the person satisfies the basic conditions; and
the person has (or is treated as having) limited capability for work-related activity.
279.This means that where a person’s contributory ESA ceases as a result of time limiting, and their health condition deteriorates to such a degree that they are later placed in the support group, they will be able to re-qualify for an award of contributory ESA if the above conditions are satisfied.
280.The entitlement to the award only exists for as long as the person has (or is treated as having) limited capability for work-related activity (and so falls intp the Support Group). If the person goes through a subsequent work capability assessment and is placed into the work related activity group, then entitlement to an award arising by virtue of section 1B would cease.
281.New subsection (2) of new section 1B provides that this further entitlement is to be regarded as a contributory allowance.
282.Subsection (2) of section 52 inserts a reference to section 1B(2) into section 1 of WRA 2007 so as to clarify that the definition of “contributory allowance” in section 1(7) is to be read with section 1B(2) of WRA 2007.
