Does claim close or run in background??

I have a client who is in receipt of IRESA and HB

He is about to come into some money that will reduce his IRESA to nil (over 16K)

He is in SG of ESA

When he gets his money he wants to close his claims, however as i think his money will run out in 2-3 years
he will have to reapply for ESA at assessment rate if new claim made.

The ideal situation would be for his ESA to resume once cash spent and the support component and EDP still in place.

So : in these circumstances can the DWP force my client to close his claim, or can it run in the background to pay NI contributions and protect premiums once money naturally diminishes

Thanks

There is no reason why the claim can’t continue whilst he continues to meet the conditions. He won’t be paid but should continue to receive NI credits etc

Hopefully, clarification of language will clarify the issue.  There is no such thing as closing claims.  A claim ceases to subsist once a decision is made on it.  All that is left is a decision (entitlement to ESA) and a determination necessary to that decision (i.e. the claimant has limited capability for work).  For some benefit decisions entitlement can remain while payability might not (DLA in hospital for example).  But for IR/ESA, entitlement can (and should) be removed by way of supersession but credits will remain because entitlement to credits depends not on the entitlement decision itself but on the determination of LCFW.

Thanks Paul

I had a gut feeling that LCWRA status would remain running in background.

I need to look into this further for other clients.

Ive had a couple of different clients in Support group who tried to get back to work for 6-7 months, relapsed and were only paid assessment rate when ESA went back into payment…..

No decision letters ever received to remove LCWRA, but looks like DM just decided it had to go….

nevip - 09 October 2015 12:07 PM

Hopefully, clarification of language will clarify the issue.  There is no such thing as closing claims.  A claim ceases to subsist once a decision is made on it.  All that is left is a decision (entitlement to ESA) and a determination necessary to that decision (i.e. the claimant has limited capability for work).  For some benefit decisions entitlement can remain while payability might not (DLA in hospital for example).  But for IR/ESA, entitlement can (and should) be removed by way of supersession but credits will remain because entitlement to credits depends not on the entitlement decision itself but on the determination of LCFW.

So basically, you can keep an credit’s only claim open in the background as long as you satisfy the other conditions. should think so, after working all that time.