triggers for a UC claim in UCFS

I think I know the answer to this but I need to check.

UCFS area; someone already in receipt of ESA moves into Specified Accomodation and claims HB.

Does that trigger a UC Claim? Does it trigger S33 WRA 2012 and abolish the ESA?

Am I barking up the wrong tree?

I am looking at article 4 of WRA Commencement 9&8

No need to migrate to UC in those circumstances.  The events that abolish ESA(ir) are a claim for UC, a claim for ESA or a claim for JSA.  A claim for any of the above would abolish ESA(ir) and JSA(ib), while a claim for UC would commence UC.  The relevant provisions are similar to (but simpler than) Article 4 of the No 9 Order: there is in essence a shortened version of Article 4 in every local commencement order, which omits the national content of Article 4 of the No 9 Order.  See for example Article 4 of the No. 24 Order, which introduced UC in various places on various dates over a few months from September 2015.  You will see that a claim for HB does not commence the abolition.

IS, HB and Tax Credits are handled differently: in full service it is very difficult to make a new claim for these (Article 7 of the No 23 Order), but where you can make a claim it doesn’t have any effect on anything else.  So a person moving into specified accommodation while receiving ESA(ir) is entitled to claim HB without disturbing the ESA award.

I thought so.

Lets hope JCP do too; there’s going to be rather a lot of these claimants round these parts

Thank you.