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How to claim ESA once you are a UC claimant
Hi,
Could anyone advise how a client who has had a decline in mental health claim ESA? Client is on UC but was when she discussed this with her work coach was advised that she can’t do this. Any advice appreciated. Thanks
If she meets the contribution conditions she should be able to claim contributory ESA but see thread here - http://www.rightsnet.org.uk/forums/viewthread/8258/ - but it will be taken into account in assessing her UC.
If she has no entitlement to contributory ESA then it is just a change of circumstances within UC - she should submit fit notes and she will have to undergo a WCA to be assessed for the LCW or LCWRA element.
Or she tries to stop her UC claim and go back onto legacy benefits - see discussion here - http://www.rightsnet.org.uk/forums/viewthread/8394/ - but not sure there are any guarantees there…
Thanks Daphne, much appreciated
I’ve recently been on training where we discussed this. If no CBESA entitlement and ESA tribunal is over UC would be with a jobseeking claimant commitment. Idea would be to go to job coach with as much medical evidence of jobseeking limitations to hope for their discretion to make adjustments to the claimant commitment more suited to their conditions. Yes putting in a sicknote would be like applying to be assessed for limited capability for work- we were told that decision maker might decide a new medical was not needed. I’m assuming that even if there was no medical their would be a decision to put an MR in of? That’s the only bit I’m not sure on and would appreciate confirmation on. I think to still get UC during this process would need to keep to claimant commitment unless can show there is a new or significantly worsened condition.
My understanding is that unless you have been assessed as having LCW/LCWRA then all work-related requirements apply - see discussion here http://www.rightsnet.org.uk/forums/viewthread/7579/P30 - although you can ask to get them modified due to health conditions. But if you fail to keep to claimant commitment as agreed then you will be sanctioned
Don’t forget that If there’s been any ESA WCA which found no LCW that a UC assessment must be carried out with that evidence of ignorance or mistake of a material fact or of a change in circumstance.
41(4) If it has previously been determined on the basis of an assessment under this
Part or under Part 4 or 5 of the ESA Regulations that the claimant does not have
limited capability for work, no further assessment is to be carried out unless there is
evidence to suggest that–
(a) the determination was made in ignorance of, or was based on a mistake as to,
some material fact; or
(b) there has been a relevant change of circumstances in relation to the claimant’s
physical or mental condition.
(From the MV |Superba somewhere north of Sicily - sad isn’t it?
it’s probably a lot sunnier and more scenic than here in Brizzle…
But I bet you’ve got a glass of chilled rose or something to hand haven’t you Gareth?
Sadly no, I have to drive when I land. Tomorrow though ....
Are you on actual holiday Gareth??
if so, step away from the laptop and start chilling for heaven’s sake. UC will still be here (unfortunately) on your return. And have a lovely time.
Half and half. I get to be here for 6 weeks but I work about half the time.
Don’t forget that If there’s been any ESA WCA which found no LCW that a UC assessment must be carried out with that evidence of ignorance or mistake of a material fact or of a change in circumstance.
41(4) If it has previously been determined on the basis of an assessment under this
Part or under Part 4 or 5 of the ESA Regulations that the claimant does not have
limited capability for work, no further assessment is to be carried out unless there is
evidence to suggest that–
(a) the determination was made in ignorance of, or was based on a mistake as to,
some material fact; or
(b) there has been a relevant change of circumstances in relation to the claimant’s
physical or mental condition.
“ESA Regulations” is defined in reg 2 of the UC Regs as “The Employment and Support Allowance Regulations 2013” so presumably this does not apply to a finding of no LCW under the 2008 ESA Regs?