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Forum Home  →  Discussion  →  Housing costs  →  Thread

HB whilst appealing an ESA decision

CDV Adviser
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Nestor Financial Group Ltd

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Joined: 20 January 2016

I’m out of the office and just need some quick advice.

My client has failed the WCA assessment. He has asked for a MR and we will then go to appeal. I would like to keep him off UCFS whilst the MR is considered. Am I right in thinking that although his HB has been stopped, it can be put back into payment without him having to claim UC?

Brian JB
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Advisor - Wirral Welfare Rights Unit, Birkenhead

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Yes, can be assessed on actual (nil) income and capital

CDV Adviser
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Nestor Financial Group Ltd

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Good.Thanks Brian.

Stainsby
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Welfare rights adviser - Plumstead Community Law Centre

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Entitlement to HB will not end simply because ESA was stopped due to a failed WCA.  The most the LA should be doing in this situation is suspending payment of HB pending re-assessment.

The re-assessment could be on the basis of zero income or on the basis of whatever other income the claimant may have in the absence of ESA

This was confirmed in CH/3736/2006 and again in CH/1664/2009

[ Edited: 30 Apr 2018 at 08:39 pm by Stainsby ]

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