does previous WCA outcome apply? Gap between ESA end and UC new claim

client was in ESA (SG) undertaking premitted work. Took on full time post and ESA ended about 6 months ago (no WTC - earnings to high). Client cannot cope with f/t post due to health and has resigned from job.

I can’t see that the UC regs allow the previous WCA decsion to stand for UC due to the gap between ESA award and UC claim.

UC(TP)Reg 19(1) only applies if client had award of ESA at date of UC claim.
UC Reg 40(1)(a)(ii) only applies if the WCA decision was made under the ‘new style’ ESA Regs. 2013 (which it was not).

So my conclusion is that he is subject to full conditionality (less any reduction agreed by work coach etc.) pending a new WCA.

I’d like to be proved wrong!