Refusal to reinstate ESA in UCFS

Hello all -

We went full service in December and the expected problems are now starting to trickle into us through our advice line.

So, client on ib-JSA while ESA MR being done (JSA claimed before UCFS). Appeal lodged with HMCTS about two weeks ago and client rang ESA section asking for ESA to be reinstated. DWP advised that he has to claim UC. I contacted Partnership Manager who has told me today that there is DWP guidance which states that if any other means-tested benefit has been received during MR phase in a full service area, ESA cannot be reinstated. Apparently the ESA section sent a snippet over to him to justify the decision not to reinstate. Because we have challenged them on this, the whole case has been sent to the policy office in Leeds (the last time I had a case sent there, it was for them to work out what a couple is for the purposes of UC…).

I’ve been relying on Regulation 30 ESA (2008) Regulations/ Regulation 3(j)(i) Claims and Payments (1987) Regulations, Statutory Instrument 1968, and the fact that this client hasn’t been anywhere near the UC system, but apparently they hold no weight in light of this mysterious guidance document. Can anyone tell me whether I’ve missed anything crucial and this client actually isn’t entitled to have his ESA reinstated?

Many thanks.

Hi Adele - my understanding is that article 4 of the relevant commencement order only abolishes irESA and ibJSA if a claim is made for JSA, ESA or UC after you’ve gone full service - so if he was already on ibJSA that shouldn’t affect it.

I think DWP should produce this guidance. Is it FoI time???

Thanks, both.