Reply To: Gap in ESA(IR), can HB be reinstated?

#286714
pbirks
Participant

when did you find out about the 2 week break?>
Ity sounds like it has to be a closed period suspersession if you followed tyhe cortrrect time frames…..
lets say ESA IR ended on 1 feb 2024 – you got an atlas advising on Monday 5 feb and suspended straight away … a month later no info so claim terminated from Sun 4th feb ……
your termination decision has a right of appeal for 13 months….

fast forward a few months (but within the 13 months) and customer says ” i appealed ESA decision and won, they re instatd it from 20 February ”
That means your termination was made in absence of a material fact – that the passported benefit had been re awarded…. so i think you should be looking at revsing your termination decision and re award HB as a closed period supersessions.