ESA(1) (UC) form to download if need to claim cont ESA in full service area

We have been told by the DWP UC Lead in our area:

At present the routeway to claim either ESA or JSA contributory benefit in an area which is live with UC Full Service is to make the claim online for UC. They will then have an appointment in the Jobcentre and their contributions claim will be built on the ESA or JSA system and the UC claim closed down.

An improved process is being looked at urgently by national UC design team.

People in UC Full Service areas should not be given the paper copy form you mentioned as it cannot be accepted.

I would be grateful for any further feedback on the results of using the ESA form, and also on whether there is a JSA form (given that I understand the online JSA application will be unavailable once we’re under full UC).

In the meantime, if we see a case where a UC claim is inappropriate for whatever reason, but c-ESA should be claimed, I don’t see how we can do anything else but advise to send in what appears to be the authorised form, and be prepared to pursue every legal recourse to getting the claim decided.

Hi Jon

At the stakeholder’s meeting with DWP on Wednesday this was raised yet again!

We asked that -
- the ESA1 (UC) form be put on gov.uk - they said they will take this back but imagine it might take a while!
- that ESA claim line staff need to be reminded to send the form out - I hear that this is happening some times but not very reliably - it is ridiculous that someone who who would not be entitled to UC is told to claim through the UC claim line

I’ve been told by workers at Maggies Centres that the Benefit Centre is taking the new form without going through UC and they have been using the form below (they gave me the copy). At the stakeholders meeting DWP were aware of the form and agreed it was the one to use - it was ensuring it was obtainable that seemed to be the issue. If your DWP office is not accepting it then please do let me know and tell me which one it is and I will feed it back.

Apparently a new online ESA claim is being developed and trialled and that this will be able to take either a ‘new-style’ (contributory only) claim or ‘old-style’ and that it will determine which is appropriate from your postcode.

I think if they get this working they may then adapt the JSA to do similar…

Thanks Daphne. I’ve not used the form yet, we’re just confused by the high-level request to not even try. Especially when the regs say claims can be made by phone, or on the approved form (there’s no mention of online claims in the regs is there?)

Is developing an online portal for ESA claims going to be easier for them than uploading a PDF to the DWP’s download area?

No I think the online claim is a way off yet from what they were saying - just in very early trial days at moment - although provision is made now for online claims - see http://www.rightsnet.org.uk/welfare-rights/news/item/electronic-claims-for-esa-and-industrial-injuries-benefits

In the regs for new-style ESA that you quote I think provision is in schedule 2 - http://www.legislation.gov.uk/uksi/2013/380/schedule/2/made

You would think it was an easy task to upload the form onto gov.uk but, lo and behold, there are endless barriers to get through to get any changes made - will keep the pressure on but don’t hold your breath…

The frustration colleagues have been having is when a client could only get Contributory ESA whether due to working partner, capital or reluctance to claim means tested help. UC in full digital service areas were adamant that the only way to claim Contributory ESA was via a UC claim. This has no basis in law whatsoever.

The ESA (UC) form has been around since 2013 with the aim of being helpful to UC gateway claimants who became poorly so that they could do their Contributory ESA claim via UC. What is wrong is to suggest this is the only way.

Contributory ESA still exists in full service areas, and claim regulations are unchanged. An ESA (UC) form helpfully misses out the Ir-ESA questions, but an ESA1 with Contributory ESA only ticked will do just as well. So if you are needing a UC top up then it may be easier to claim within the UC “sickness gather”. But if it’s only Contributory ESA ignore UC mission creep and claim direct to ESA.

In live service gateway areas new claims for IrESA are still open, while UC jobseekers/workers who become ill face a better off option as to whether to stay with UC or nip out of the lobster pot and go to IrESA. The migration mantra that once on UC you stay on UC lacks regulatory force. But timing and sequence are key…

Thanks for attaching the ESA 1 (C) form Daphne - don’t suppose you have access to a JSA 1 (C) too?

I think this is what you want posted at this thread although it’s called a UCJSA 1 for some reason - http://www.rightsnet.org.uk/forums/viewthread/9904/P30/#47930