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Forum Home  →  Discussion  →  Universal credit migration  →  Thread

Change in Lobster pot or poor DWP advice?

benefitsadviser
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Sunderland West Advice Project

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Joined: 22 June 2010

Client failed WCA January and claimed UC. A few months later ESA lapsed appeal.

Client has apparently been told from ESA that her award shouldn’t have stopped and she should contact UC in order to go back onto ESA.

As far as I know she is stuck on UC : no mechanism at present to reinstate legacy.

has there been any change recently that would allow a UC claimant to go back on ESA in such circumstances?

I reckon not, but any advice would be appreciated.

Thanks

Daphne
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rightsnet writer / editor

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Unless she had an SDP in her ESA award, or in any other benefit, I can’t see a way back - is she worse off financially on UC?

Carolyn McA
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Adviser, Citizens Advice and Rights Fife

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Only anecdotal evidence, but I advised a client who told me he had previously been misadvised to claim UC (no SDP involved) and was allowed to reclaim legacy benefits following intervention from his MP. Despite the election, my MP’s constituency office say they are still accepting new, ‘urgent’ casework, which I’m sure a case like this would count as.