ESA/UC

Good afternoon
I hope someone can help me.
I have a client who is still classed as working full time but has not been able to work since February 2019. At that time claimed SSP the client was pregnant. On 17th May M.A started and work stated because been on SSP couldn’t get SMP. claimed UC and in In April 2019 the client had their first payment from UC so maybe stopped getting SSP for some reason. anyway long story but It seems the client went full term but the baby was still born. The client receives MA and employer has not paid SMP. Client is too ill to work since the loss of the child.

I feel in the back of my mind she could have claimed ESA contribution based/new style as had worked 3 years always paying N.I and working 40 per week.
Client has lived and worked in UK continuously for 11 years full time paying NI.
M.A now means no help on UC no housing element and client is now in debt.
I am not sure if I can get her a claim for ESA new style or not and backdate 3 months. The M.A is in the way!
any ideas please?

thank you in anticipation

Best wishes

Nigel

MA and ns-ESA both simply count in full as income for UC, so I don’t see why it would make a difference which one she gets? If the MA is high enough that she loses entitlement to UC, she’s not worse off, she’s just getting the money via MA rather than UC.

Thank you I agree but I feel UC have messed up and need to look at the case. If the client were getting ESA whilst his is counted as full income the client is better off by approx. £7.50 per week in LCA but I feel they may meet LCWRA. I was just thinking whilst I am aware of the 3 month backdate because the client didn’t get the full 28 weeks SSP or claim ESA they seem to be worse off.
I feel if I could get the m assessed and make an argument for LCWRA then they would be better off significantly.
I am just trying to see if I can link back.
Its not about all income counted it is more if they were miss advised they are worse off now. It is how to link ot getting assessed for LCWRA when UC say there is no entitlement because of MA.

sorry if I confused anyone.

thanks

Nigel

Hello,

Had a similar discusion in our team but was better off rather than no UC option so you raise new questions too :-)

“overlapping benefits” rules only close off payment of Contributory ESA not the claiming or WCA process.

So, if you can get backdated sick notes and do a backdated Ns-ESA claim it will set the dates from when WCA status comes into effect ie from week 14 of a doc some 3 months ago. That will - if the WCA turns up as you hope :-) -eventually trigger backpaid ESA Support component (subject to overlapping benefits) and UC LCWRA element

New question in this is keeping the UC claim going if its now nil entitleent:
had it been earnings or SMP taking ur client off that would be an ongoing claim held for 6 months…
But with MA being a benefit then does the claim need argh full renewal every month until WCA happens?
or is there a provision to keep a no entitlement/ non earning UC claim alive pending a WCA organised via UC?

I guess for max impact/backdating/trust you might want ESA to do the WCA. but might you need UC in on the act to keep the claim open. If ESA process has begun, will UC give way to the “senior” benefit :-)

Good morning
thank you Tom for your response.
sorry I have only just replied but not been here.
In essence the client has a backdated sick/fit note to 1st august from when their baby was stillborn. I have contacted ESA new style and MA. I am fully confident that the client ought to receive support/LCWRA for ESA/UC/ contribution based with housing element. M.A is being cancelled thus opens the door to ESA.
There are two reasons for venturing down this route
1 once client is entitled opens the door for Discretionary housing payments and council tax support
2 support group/LCWRA. I feel with the trauma this person qualifies.
Currently because MA is stopping any entitlement to UC it is baring other help. If the client gets LCWRA then they are better off.
I haven’t gone down this route before and if the client had not been restricted on housing element then I don’t think I would have even looked at it.
I have taken advice here. I have also looked at specialist unit in ESA. The main issues are because the client is over 25 but under 35.
thank you for your help
best wishes

Nigel