ESA to UC

Client on ESA. Completes ESA50 and nil points. Request made for Mandatory reconsideration . UC full service area so opts NOT to claim UC as once on will have to remain on UC.
If reconsideration is successful or if unsuccessful and goes to appeal then ESA preserved/reinstated..

However if final decision is no ESA entitlement and UC only then claimed there will potentially be a difficulty getting backdate.

Has anyone argued for UC backdate saying ESA ended and only notified after it ended - ie use the MR or appeal letter as date of decision.?

Otherwise it seems to be a lose - lose situation.

Just wondering how this is working in practice?

Once the appeal is lodged ESA can go back in payment backdated to the date it stopped (provided there are fitnotes) and paid up to date of appeal. If the appeal is lost the claimant can put in a UC claim straight away and there should be no waiting days as coming from a legacy benefit (reg 16A UC(TP) Regs) so there shouldn’t be any need for backdating I don’t think.

Thanks for that. I suppose the problem may arise if they decide not to appeal. UC backdating is virtually impossible to get.

It’s probably worth putting in the appeal if only to get the ESA sorted - they could still withdraw the appeal and claim UC if they really didn’t want to see it through but at least they would have the back money paid.

Thank you. That seems like a good tactic.

what happens when you win your ESA appeal and have been placed into the WRAG - but have since been forced to make a claim for UC - is there any backdated monies due?