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Removal of ESA ‘waiting days’ for ESA extended for a further six months where someone is affected by Coronavirus

14 October 2020

The Government has extended the removal of waiting days in ESA, where someone is claiming due to the impact of Coronavirus for a further six months.

Normally, someone is not entitled to ESA for the first seven days of their claim (‘waiting days’)

However, new regulations will extend earlier rules so that until 12 May 2021, where:

a) someone is infected or contaminated with Coronavirus;

b) is isolating to prevent the spread of Coronavirus; or

c) is caring for a child (or qualifying young person) who falls into either of those categories, the Secretary of State has the discretion to: 

  • disapply the seven waiting days that would otherwise apply to a person who has made a claim for ESA; and 
  • decide that a person who makes a claim for, or is entitled to, ESA may be treated as a person having limited capability for work. 

The new regulations - SI.No.1097/2020 - are available from legislation.gov.uk.