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Forum Home  →  Discussion  →  Universal credit administration  →  Thread

No back dated award of UC after New Style ESA claim refused

Callum Robb
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Welfare Rights, Skye and Lochalsh Citizens Advice Bureau

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Joined: 17 December 2018

We have a case here where a client had applied for New Style ESA at the start of September 2019 – his claim was refused because he’d forgotten he’d had a significant break from employment meaning he didn’t have full NI contributions. So then claimed UC a month later, and is now half way through the 5 week wait period. UC are refusing to provide a back date because they say ‘good reason’ hasn’t been given. Has anyone successfully challenged this? Seems rather unfair considering NSESA is part of the UC system. Any help appreciated!

csmk
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Welfare Benefits Specialist, Frenkel Topping

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Are you saying the client wants to backdate the UC claim to the date NS-ESA was claimed? If not, ignore the below.

NS-ESA and UC are seperate benefits - If one is claimed, it doesn’t mean the other is claimed also.

NS-ESA isn’t under the UC system in the sense that they are one and the same like ir-ESA and old style C-ESA, it means that a new claim for New Style ESA/C-ESA cannot include an income related amount in a UC full service area. Making a new claim for ir-ESA is abolished with the exception that client was getting an SDP in ir-ESA, ib-JSA or HB.

The client would needed good reasons to get UC backdated, such as illness, disability, bad advice, claims system down etc.

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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