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ESA following MR of WCA failure
I wanted to check that it’s still the case that a client whose ESA has been stopped due to failing WCA is still able to get it back once the appeal is started i.e. if they can afford to live during the MR period? CPAG Handbook implies that this is the case, but I’ve had DWP staff insist recently that a closed claim removes entitlement, which would suggest that a client in this position would have to claim UC anyway (in which case, of course, it’s best to do so asap, although the client is reluctant).
Would HB entitlement continue through the MR period too?
Yes, this is still correct. As it does not require a claim, there is nothing to stop the ESA restarting. HB can also continue.
HB can also continue.
In my experience the council has picked up on ESA stopping, stopped HB+CTR, and if contacted by the claimant instructed him/her to claim UC.
Presumably the way to prevent this would be to contact the council before HB is stopped, and confirm that the claimant is still entitled on other grounds.
As far as ESA pending appeal goes, beware that the DWP may just send a text asking for a fit note, with no postal address, or any information why they are asking for one.
ESA terminating (or IS or JSA) is only a basis for suspending HB/CTR - it does not provide a basis for terminating. The proper procedure is for the authority to write to the claimant to inform them that there is a question as to entitlement because ESA has stopped and so HB/CTR has been suspended. The claimant must be given at least a month in which to provide evidence of their financial circumstances before benefit can be terminated.
LAs should not, at this point, need reminding of this.
Neither should their staff be advising claimants that their only option is to claim UC.