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claimant on uc but wishes to lodge late esa appeal
client was on esa and failed the WCA. she has since claimed UC and due her first payment on wednesday (she has had an advance but unsure which type). the first time i spoke to them was today.
my intention is to lodge a late appeal re the wca decision as if allowed we would have a backdate of the component to end of assessment phase (havent been able to confirm dates with dwp yet) but i am also wondering if this could be used in any way to get her out of UC altogether?
ive had a look at this http://www.cpag.org.uk/content/universal-credit-gateway-early-experiences but doesnt seem to cover this and may now be out of date anyway.
i intend to help the client do a pip application so if awarded the dl component she would be due an sdp so esa would be by far the better option. she lives in an area where the gateway conditions still apply.
any thoughts?
thanks folks. dont think im going to find a loophole in this case. pity i didnt get them a month ago.
Win the ESA appeal.
End the UC claim (preferably just after an assessment period has ended)..
Fail UC gateway conditions as client has limited capability for work.
Return to ESA, HB etc.
Win the ESA appeal.
End the UC claim (preferably just after an assessment period has ended)..
Fail UC gateway conditions as client has limited capability for work.
Return to ESA, HB etc.
is there a way of doing this without the claims being linked for UC though?
Win the ESA appeal.
End the UC claim (preferably just after an assessment period has ended)..
Fail UC gateway conditions as client has limited capability for work.
Return to ESA, HB etc.is there a way of doing this without the claims being linked for UC though?
I’m not sure what you mean by “claims being linked for UC”. Once he’s relinquished his UC claim he is out of the lobster pot and UC no longer has any claim on him.
I have helped one family escape UC by giving up a claim. In their case they failed the gateway conditions for Wrexham by being a couple with children, but it is the same principle.
There are some really good resources in the loopholes in the lobster pot thread, a lot of people gave me the support and encouragement I needed to try it with my client.
Win the ESA appeal.
End the UC claim (preferably just after an assessment period has ended)..
Fail UC gateway conditions as client has limited capability for work.
Return to ESA, HB etc.is there a way of doing this without the claims being linked for UC though?
I’m not sure what you mean by “claims being linked for UC”. Once he’s relinquished his UC claim he is out of the lobster pot and UC no longer has any claim on him.
I have helped one family escape UC by giving up a claim. In their case they failed the gateway conditions for Wrexham by being a couple with children, but it is the same principle.
There are some really good resources in the loopholes in the lobster pot thread, a lot of people gave me the support and encouragement I needed to try it with my client.
it looks like what i was thinking of re “linked claims” would only apply to those whos claim ends due to excess earnings.