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client voluntarily closing uc claim and then claiming ESA

 

 

stevenmcavoy
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WRO, campaigns and policy, Enable Scotland

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ive posted re this one before and the consensus at the time appeared to be it was possible but no one had really done it in practice.  just looking to see if that has changed much and if there is more in the way of practical experience.

client was on ESA and failed WCA.  prior to my involvement she claimed UC. 

when i got involved i lodged a late recon and then appeal.  client remained on UC.  ESA appeal was allowed and i got wrag element added to UC claim.

alongside this we had a pip claim running. refused - recon - appeal.

pip appeal was yesterday and allowed with dl component.

if client can get back on ESA then she would have sdp so much better off.

we didnt attempt shift back to ESA pre pip appeal as 1. it was her only source of income so risky tactic of we came against issues and 2. no material benefit as she had wrag element.

client is in an area gateway conditions still apply.

anyone had any experience of voluntarily ending UC claim (im aware i need to be careful when this is done) and then claiming ESA?

     
Sally63
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We had the same situation but didn’t try and go back to the legacy benefit. Does anyone know if we could have done—digital service area

The ESA judgement meant there was an ESA backdate to the date when it stopped which didn’t turn up automatically. Plus client had failed to make nil income claim for HB and had a Hb overpayment for the same period.

We told her to make a claim for the missing ESA (between the date it stopped and the date she claimed UC). Should she also be able to get the HB overpayment overturned on the grounds she was entitled to ESA throughout the period?

sorry to piggyback on your question.

     
stevenmcavoy
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no one tried this then?