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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

ESA (C) Support Group + UC claim

Madamejones
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Benefits Take Up officer - Cheltenham Borough Council, Gloucestershire

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Total Posts: 44

Joined: 17 June 2010

My client is iro ESA (C) and has been placed in the Support Group. has now made a claim for UC (couple claim).

Simply put, within the UC assessment is the LCWRA of £328.32 added? I know there are issues with this being pulled across but I am getting conflicting info that as the client has been assessed and being paid the £37.65 a week with her ESA, she can’t get the extra £328.32 in her UC assessment?

I have used the Policy in Practice calculator and double checked how I enter said info and they are using both but then obviously deducting her ESA as unearned income.

I cannot find anything that tells me precisely, this is causing issues with a few of my cases now.

Thanks in advance!

hkrishna
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Welfare rights worker - CPAG in Scotland, Glasgow

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Yes. If awarded CESA under old rules (ie not a ‘new style’ claim), then reg 19 UC (Transitional Provisions) 2014 says LCWRA element paid straight away. If CESA is a ‘new style’ award, then LCWRA element awarded without need for ‘relevant period’ to first be completed - reg 28(5)(b)(I) UC Regs 2013.

CESA counts as unearned income as you say.

I’ll dig out their guidance and add it in a bit.

...

If move from ‘old style’ CESA see ADM para M6195 and M6196.

If new style CESA see ADM para F5051 (note that para F5052 and the example after it looks wrong to me as reg 28(5)(b) would still apply).

....
And current edition of our handbook p66-67

[ Edited: 22 Nov 2018 at 04:32 pm by hkrishna ]
Madamejones
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Benefits Take Up officer - Cheltenham Borough Council, Gloucestershire

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Total Posts: 44

Joined: 17 June 2010

hkrishna - 22 November 2018 04:09 PM

Yes. If awarded CESA under old rules (ie not a ‘new style’ claim), then reg 19 UC (Transitional Provisions) 2014 says LCWRA element paid straight away. If CESA is a ‘new style’ award, then LCWRA element awarded without need for ‘relevant period’ to fist be completed - reg 28(5)(b)(I) UC Regs 2013.

CESA counts as unearned income as you say.

I’ll dig out their guidance and add it in a bit.

Thanks so much!

Sharon

AdviceShop
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Advice shop - West Lothian Council

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Joined: 24 June 2010

Relevant ADM is M6195