ESA LCW appeal and UC LCW

Hi everyone

Have an appeal hearing coming up in 2 weeks for an ESA LCW however the client has now just passed his UC LCW (claimed UC once ESA was refused!).  Can the UC LCW decision supersede the ESA one removing the need for the appeal?  If client is awarded LCWRA at his ESA appeal, can this supersede his UC LCW to LCWRA?

Thanks so much

The new assessment will take effect from a certain date, leaving the appeal to decide entitlement for the period prior to that date. It can be perfectly consistent for different assessments on different dates to have different outcomes.

I think it’s often worth pursuing an appeal in this sort of scenario for:
(a) arrears of the work or support component
(b) establishing continuous LCW to before last April when the LCW element/component was abolished, in order to protect payment of that element going forward.

The UC award supersedes the ESA decision, however it does not revise the ESA decision. In practice this means that the appeal will be concerned with a “closed period” running from the effective date of the ESA decision until the effective date of the UC decision. I.e. the appeal will be looking to get (a) arrears and (b) transitional protection from the removal of the WRAC. So there is still reason to pursue the appeal.

If the Tribunal decides that your client has LCWRA on the ESA appeal and UC only awarded LCW, this will not have any automatic effect on the UC decision - however you will have a very strong case to invite UC to revise its decision to account for the Tribunal’s view.

Haha.. I didn’t see Jon’s post before writing mine! Honest!

It’s just nice to know I’m thinking on the right lines.

Thanks to you both, wasn’t going to give up on the appeal as he is due (if successful) the arrears of the WRAG or SG which will make a difference for him financially.  Was getting the first and second decision revisions muddled 😊