Remedy regarding incorrect information from DWP ref UC?

Client claims CBESA

Fails WCA so ESA stops

Wife earns more than couple applicable rate, have property and savings,and no housing costs.

Our advice would be : wait until appeal acknowledged and claim £73.10 appeal rate until hearing/365 days , depending which is sooner

DWP advice : Claim UC and here is a UC50, which he has done

The claimant has no entitlement to UC as savings and wifes income take them well over threshold
Can he go back onto CBESA now that the Jobcentre have opened a UC claim while appealing, even tho he has no entitlement to UC at all?

Apologies if covered before

If he cant go back to CBESA due to shockingly poor JC+ advice is there any action that can be taken against the dept.? They didn’t even ask about income or capital : just told him he had to claim UC

Even if it is held to be a valid claim, a UC claim only abolishes income-related ESA. Contribution-based is not abolished but is converted to new-style. So in theory there shouldn’t be any reason that he cannot go back on ESA, although if UC claim is held to be valid then it will be new-style ESA.

He should be able to go back onto CBESA - I think a UC claim only stops you from going back onto the income-related benefits that it replaces.