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Forum Home  →  Discussion  →  Universal credit administration  →  Thread

UC or Legacy

AYoung
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Newcastle Council Welfare Rights Service

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Total Posts: 30

Joined: 6 June 2019

Hi all

We have had a client referred to us by another agency and we just want to clear something up.

Client had a Brain Tumour and had to give up work. Claimed what he was told was CBESA in late 2018/early 2019. Was then awarded PIP. The team that have referred him to us have been trying to have the SDP added to his claim. They filled in an ESA3 and an IS10 but ESA refused to award it and insisted that he had to claim UC. ESA claim has been looked at by several ‘experts’ apparently and they have refused to pay.

In the meantime, he has been awarded an SDP as part of his HB award.

When we have investigated, he is actually in receipt of New Style ESA not Contribution Based, which is why IRESA has been refused.So we are trying to establish

1) can he withdraw his New Style ESA claim and then make a new IRESA claim, based on him having an SDP in his HB award?
2) Does he need to claim UC?

If he can go to IRESA then he will be awarded the SDP and will financially be better off. If he cannot, then there isn’t really any use in him claiming UC as all they will pay is his Housing Costs which are already been covered by HB.

Any thoughts?

thanks

Andyp5 Citizens Advice Bridport & District
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Citizens Advice Bridport & District

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See link below covering this scenario

https://www.rightsnet.org.uk/forums/viewthread/15018

Va1der
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Welfare Rights Officer with SWAMP Glasgow

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Joined: 7 May 2019

Is he staying in temporary or specified accommodation?

Charles
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Accountant, Haffner Hoff Ltd, Manchester

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Joined: 27 February 2019

To summarise the thread Andy has linked to, and answer your questions directly:
1) there is no need for your client to close his NS-ESA claim
2) he cannot claim UC

DWP are supposed to convert the NS-ESA award to an IR-ESA award upon your client applying for an income-related element to be included in his ESA award.

The relevant legislation can be seen in Art 6(1)-(2) here, and guidance at paragraph V8100 here.