ESA and Pension Credit

I think that this topic may have been raised before but I can’t seem to find it.

Client has been waiting for over two years for an ESA assessment and has been on Assessment Rate IR ESA since they claimed. They are confident that the assessment would allow them ESA and they would consequently be entitled to a considerable arrears payment. 

The person is however approaching PC age and would be entitled to the full amount of PC.

As IR-ESA and PC are mutually exclusive a claim for PC would automatically terminate the IR ESA claim.

Would it also mean that the ESA assessment would not then take place and the arrears would not be paid?

Logic tells me that the assessment would still have to be carried out as it is in effect ‘unfinished business’ from a claim made two years ago but I am concerned that there may be legal provisions that would mean that the assessment did not have to be carried out or it would simply be given such a low priority that the claimant would be in ESA limbo for even longer.

There is nothing in the current Handbook to indicate any legal constraints so any observations or experiences gratefully received.

My understanding is that if the claim ends before you are assessed, you lose the chance at any backdated payments. There were a couple of test cases on this point reported as [2013] UKUT 477 (AAC) and [2014] UKUT 42 (AAC) . I don’t know if anything operates differently if the reason your claim ends is PC.

I’m sure someone else can give you a better answer.

I think this is the thread you were looking for Pete.

Getting components backdated after leaving ESA before assessment.

Thinking out loud, is it feasible to threaten JR for delay to speed up assessment?

Alternative would be a claim for financial redress for maladministration but obviously discretionary and may not compensate for amount of lost benefit.

Thanks to both of you for your replies.

As the client doesn’t HAVE to claim PC and would get the same amount from ESA with the Pensioner Premium added as they would from PC it may not matter for the moment. I expect the crunch point would come when they reached State Pension age but even Medical Services should have done the assessment by 2018!