claiming UC within 6 months of failing WCA

Apologies if this has already been covered elsewhere in this forum, but I could not find anything.
I just wondered whether there is anything to stop a claimant from receiving UC within the 6 months after failing WCA/failing to attend.

If I understand this correctly, a new claim for UC with sick note for l-t health condition does not have any period where some is treated as having LCW pending assessment, and they are at the mercy of their work coach as regards conditionality.  So am I right in assuming that it should not make any difference then if someone claims UC 3 months after failing WCA/failing to attend medical?

[Client’s ESA stopped about 4 months ago,  not receiving benefit pending appeal, living in live area with GW condition 9]

Thanks

Yes as I understand it will have no problem claiming but will then need to push to get assessed under the WCA to see whether the LCW element will apply after 3 months.

But if she is on other benefits such as HB then that would move over to UC so it would be difficult to go back to ESA is appeal is ultimately successful - see thread http://www.rightsnet.org.uk/forums/viewthread/9636/

Thanks, Daphne

Actually I just checked the gateway conditions again and discovered that there are a number of other conditions on p 45 (http://revenuebenefits.org.uk/pdf/UC_roll_out_updated_June_2016.pdf) so I think he would still come under ESA (although he said that he was unable to claim this).  This UC is giving me such a headache, as I see clients from all over the place, so I get digital as well as live with all the different GW conditions.

In that case, if he wants money immediately, would he then be better off to start a UC claim without fit note, and then produce the sick note after a month or so?

If he doesn’t meet the gateway conditions then he can claim JSA pending the the MR being carried out (if WCA failed) or the appeal being sorted (if failure to attend).