Case about people who stop getting ESA more than 13 weeks after claim commences but before initial WCA

Hi all,

I recall a case (I think UTJ Jacobs but could be wrong) which considered situation where claimant had claimed ESA and been treated as having LCW- then the award of ESA ends after more than 13 weeks but before the claimant had been assessed for WCA (meaning they never have the benefit of getting the relevant component added from week 14).

Anyone got the citation for me?

Thanks.

Martin

I think you are thinking of SSWP v NC (ESA) [2013] UKUT 477 (AAC) (and the related case SSWP v RP (ESA) [2014] UKUT 42 (AAC) which is maybe where Judge Jacobs comes into it) both argued (I understand) by our late colleague John McKendrick.

Thanks- I remember these!

Actually, I think the one I wanted (and it may be I just saw submissions for a case that was decided differently rather than the judgment) was one which focussed on discrimination issues in this situation - so people who have a condition from which they improve before assessment treated worse or something similar- I remember SSWP submissions certainly which made point the system produces winners and losers (so those who get a lot worse before being assessed then get benefit of support group going back to week 14 even if they were fine then whereas those who were really bad but have since improved lose out…. and it all depends on when (or if) they get assessed…....