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

HB pending ESA appeal in UCFS area

CDV Adviser
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Nestor Financial Group Ltd

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Joined: 20 January 2016

I should know this but my brain hasn’t kicked into gear this morning. The client has failed WCA. He is requesting an MR and will live on savings rather than claim UC. His HB has been suspended. Can his HB be put back into payment based on nil income or will they force him to make a claim to UC?

Mairi
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Welfare rights officer - Dunedin Canmore Housing Association

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Yes he can stay on HB.  I’m working with someone in exactly the same position.

CDV Adviser
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Nestor Financial Group Ltd

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Thanks Mairi.

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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Make sure you keep actively in touch with the Council: they will need reassuring that he hasn’t won the lottery or been appointed CEO of a multinational corporation. Councils are always suspicious about nil income cases, but here you can demonstrate how he is able to live on savings until appeal rate ESA kicks in, or until he wins the MR.