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UC claim whilst waiting for MR decision on ESA
Tenant has failed medical and has requested a mandatory reconsideration. Whilst she is waiting for a decision she claims UC.
Assuming MR is unsuccessful and she then lodges an appeal will she go back onto ESA at the appeal rate or stay on UC?
Thanks
[ Edited: 20 Oct 2014 at 11:02 am by JoW ]In these circumstances I don’t think she can get UC: the “gateway” eligibility requirements for UC include not having any dispute pending on a legacy benefit, so it would have to be JSA in the interim. See para 3(3)(b) of Schedule 5 to the WRA 2012 commencement order no 9.
Great. Thanks for that.
What we are finding is that client’s are failing ESA medicals then claiming UC before they ask for MR, not understanding the computer programme, then coming to us and then request a MR, then there’s problems
HBAnorak - do you have a link to the relevant order, please? I’ve googled it but the commencement order no 9 for 2014 appears not to have any schedules attached to it.
It would be useful to have this - we’ve the same issue in North Manchester as Jo.
thanks
WRA 2012 commencement order no 9 doesn’t appear on legislation.gov.uk either
is this the answer?
... Schedule 5 was inserted by S.I. 2014/1452 (C. 56) and was amended by S.I. 2014/1661 (C. 69) and S.I. 2014/1923 (C. 88).
for S.I. 2014/1452 see http://www.legislation.gov.uk/uksi/2014/1452/article/16/made
The amendment orders are here but they are in the original. Schedule 5 appears to have been inserted later by amendment.
http://www.legislation.gov.uk/uksi/2014/1452/contents/made
http://www.legislation.gov.uk/uksi/2014/1452/article/16/made
marvellous, thank you :)