UC claim whilst waiting for MR decision on ESA

Tenant has failed medical and has requested a mandatory reconsideration. Whilst she is waiting for a decision she claims UC.

Assuming MR is unsuccessful and she then lodges an appeal will she go back onto ESA at the appeal rate or stay on UC?

Thanks

In these circumstances I don’t think she can get UC: the “gateway” eligibility requirements for UC include not having any dispute pending on a legacy benefit, so it would have to be JSA in the interim.  See para 3(3)(b) of Schedule 5 to the WRA 2012 commencement order no 9.

Great. Thanks for that.

What we are finding is that client’s are failing ESA medicals then claiming UC before they ask for MR, not understanding the computer programme, then coming to us and then request a MR, then there’s problems

HBAnorak - do you have a link to the relevant order, please? I’ve googled it but the commencement order no 9 for 2014 appears not to have any schedules attached to it.
It would be useful to have this - we’ve the same issue in North Manchester as Jo.

thanks

WRA 2012 commencement order no 9 doesn’t appear on legislation.gov.uk either

is this the answer?

... Schedule 5 was inserted by S.I. 2014/1452 (C. 56) and was amended by S.I. 2014/1661 (C. 69) and S.I. 2014/1923 (C. 88).

for S.I. 2014/1452 see http://www.legislation.gov.uk/uksi/2014/1452/article/16/made

The amendment orders are here but they are in the original.  Schedule 5 appears to have been inserted later by amendment.

http://www.revenuebenefits.org.uk/tax-credits/transition-to-universal-credit/new-section/regulations/commencement-orders/

http://www.legislation.gov.uk/uksi/2014/1452/contents/made

http://www.legislation.gov.uk/uksi/2014/1452/article/16/made

marvellous, thank you :)