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Top Incapacity related benefits topic #4786

Subject: "WCA for ESA while appealing IB?" First topic | Last topic
hkrishna
                              

Welfare Rights Officer, Macmillan Benefits Project, Glasgow
Member since
15th Dec 2008

WCA for ESA while appealing IB?
Tue 26-Jan-10 03:49 PM

Need someone to tell me what should be happening here ...

Client has been claiming ESA(IR) while appealing an IB IfW decision. However, despite claiming ESA for 6 months, he's had no WCA and so no components have been awarded and as consequence he's had no Cold Weather Payments which is what brought him to me.

Now given that the ESA transitional rules seem to say that IfW and LCW are not related should he not have had a WCA? Should I be contacting the JC+ and asking why no ESA50 has been sent out or is there something buried in the Regs which says that someone getting ESA pending appeal of a IfW decision remains in the assessment phase and so has no WCA? Could just call JC+ and ask them but given some of erroneous info they give out would not trust their opinion.

  

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Replies to this topic
RE: WCA for ESA while appealing IB?, nevip, 26th Jan 2010, #1
RE: WCA for ESA while appealing IB?, hkrishna, 26th Jan 2010, #2

nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: WCA for ESA while appealing IB?
Tue 26-Jan-10 04:05 PM

He had the option of going on IS while apealing ICB decision but the Department (wrongly) got into the habit of telling people they had to claim ESA.

There is no connection between the PCA under appeal and the timing of a WCA and you can ask them to expedite the assessment.

  

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hkrishna
                              

Welfare Rights Officer, Macmillan Benefits Project, Glasgow
Member since
15th Dec 2008

RE: WCA for ESA while appealing IB?
Tue 26-Jan-10 04:30 PM

Thanks nevip. Just wasn't sure if reading things right - will conatct JC+ and ask them to send out an ESA50, he should pass WCA as having treatment for cancer since September and so a component should be backdated and then CWP paid.

Yes. They don't like allowing IS (or IB) claims - had another arguement with a DM about DMG 30/09 earlier today about a client who should stay on IS and get IB (pre- 30-12-09) but which they've put through as ESA. Looking forward for review/appeal of that one.

  

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