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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Challanging ESA decision after UC claim made

JoW
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Financial inclusion manager - Wythenshawe Community Housing

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Total Posts: 343

Joined: 7 September 2012

Am I right that if the UC claim is put in before the claimant decides to challenge their ESA decision that they are fit for work they stay on UC? Or can they withdraw their UC claim as long as they haven’t yet been paid? We are in live service area.

I know this has been covered before but haven’t see anything recent.

Daphne
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rightsnet writer / editor

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Total Posts: 3537

Joined: 14 March 2014

If they haven’t been paid should be no problem to withdraw and should then be able to claim JSA as no longer meet gateway conditions as challenging ESA refusal