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Forum Home  →  Discussion  →  Universal credit administration  →  Thread

To UC or stay on ESA

geep
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WRO, housing management, Notting Hill Housing

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Total Posts: 181

Joined: 24 October 2013

DWP tried to move client from IS (on grounds of disability) to ESA. He didn’t return any of the ESA paperwork so claim disallowed. We are appealing against the decision to close the ESA claim but the tenant is anxious about having no income and wants to claim something else in the meantime. He can’t claim JSA because he’s in a UC digital area.

If the ESA tribunal appeal is accepted, he will get payments on appeal, right? Or not until he has passed a WCA?

If the ESA assessment rate payments kick in as soon as the tribunal appeal is lodged I think a UC claim would be best avoided. He’s on DLA too, so in the long-run he’ll be much better off staying on ESA than UC won’t he, because there are less disability premiums in UC?

WROTricia
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Advice Works, Renfrewshire

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Joined: 4 February 2016

I assume from your post the decision you are appealling is that the client failed to engage in the process to allow transition to ESA so no, they will not receive any IS/ESA while you await this appeal. Failure of clients to engage is the same as failing to attend a medical, the DWP has discharged their responsibility until the client re-engages with their process. The person has not claimed ESA as yet so no payments of this could be made anyway and IS will only be paid if the appeal is won. There is no SDP in UC so if the client currently qualifies for this it would be financially better for the client to move from IS to ESA but if they are unable to survive until the appeal comes up UC may be your only option. Could they manage on DLA with assistance of food vouchers maybe?

Others who have more experience of UC claims in digital areas may be able to advise if the appeal is won whether claim would revert to IS pending transition to ESA or if the client will be stuck with UC???

I do hope the client had a very good and compelling reason for not participating in the change over….

geep
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WRO, housing management, Notting Hill Housing

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Total Posts: 181

Joined: 24 October 2013

Thanks for your reply. The client has learning difficulties and doesn’t deal with any paperwork unless prompted - but the help he gets from his social worker is limited and I was only asked to get involved after all the problems had already started.

Any cases involving a UC factor seem to be a headache at the moment, and I’m dealing with more of them every week. Trying not be all doom and gloom about UC but it’s hard not be sometimes!

WROTricia
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Advice Works, Renfrewshire

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Total Posts: 102

Joined: 4 February 2016

I couldn’t agree with you more re:  UC, it’s a nightmare and we are still a single claimant only gateway area!

You would hope that the appeal itself would trigger a new decision rather than having to wait for a tribunal date on the basis of the clients difficulties and the lack of support at the time. Are you aware if the DWP put any safeguarding measures into place before closing the claim? Did they call or visit the client for example? I’m not sure what provision there is in other places but here I know of a few cases where people have not engaged in the transfer process despite numerous letters the DWP have both called and visited clients to try and establish contact. They would have to be aware of the clients difficulties but with an active DLA claim that shouldn’t be a problem with your client. Sometimes raising safeguarding issues can bring about more positive decision making…