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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

NS ESA and UC

CA Adviser
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Cl is claiming NSESA. She also has some earned income which means that she does not currently have entitlement to UC, but will do if she is found to have LCWRA.  Regulation 27(7) UC Regs 2013 treats a client as having minimum income of 1p (under Regulation 17) if they are in the assessment period for the LCWRA element and won’t qualify until assessed.  I am thinking she should make a UC claim now, to be held open pending a successful WCA?

Many thanks
ADM Chap F5, para F5070

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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I think that depends on where they are in ESA claim process.and how quickly you expect to get WCA decision (difficult to know in current circumstances of course).

If they apply for UC they will not get the LCWRA element until the fourth payment even if put into the ESA Support Group before then. There has been discussion about whether or not that is correct in law bit it seems to be what happens and is what ADM indicates.

If they apply for UC after the ESA assessment period and have been placed in ESA Support Group they will be eligible for LCWRA from start of UC claim.

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They have just claimed NSESA. I’m concerned that if it takes months to arrange a WCA on ESA (given present circumstances), and they wait and claim UC after being found to have LCWRA on ESA, they could lose out on UC.

Charles
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Killie - 17 August 2020 04:53 PM

They have just claimed NSESA. I’m concerned that if it takes months to arrange a WCA on ESA (given present circumstances), and they wait and claim UC after being found to have LCWRA on ESA, they could lose out on UC.

As Ian says, if she is within 13 weeks of the start of her ESA claim including any backdate, it is better not to claim UC yet (due to ADM Chap F5 para F5051-F5052). If the 13 weeks has passed, there is no harm in claiming UC already, but no gain either.

As long as she claims UC immediately after the 13 weeks are up, she shouldn’t lose out.

[ Edited: 17 Aug 2020 at 05:21 pm by Charles ]
CA Adviser
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So she should claim UC immediately after the 13 week assessment period for ESA to maximise possible UC entitlement?

Charles
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Yes, I believe so.

The reason I think so is because the ADM appears to confirm that even if the ESA WCA decision is made well after the 13 weeks are up, the LCWRA element would still be included in the UC award from the start.

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I am confusing myself here….
What would happen if they claimed UC before the ESA assessment period was up and were subsequently awarded LCWRA for NS ESA?
And what would happen if they didn’t claim UC until a few months after they were found to have LCWRA for ESA?

Ianb
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Killie - 19 August 2020 08:57 AM

What would happen if they claimed UC before the ESA assessment period was up and were subsequently awarded LCWRA for NS ESA?

They would not get the LCWRA element in payment until the fourth month of the UC claim. They would therefore have a period of UC without the LCWRA element but with ns-ESA including the Support Group component deducted.

As per my previous reply whether waiting for the fourth UC payment to get the LCWRA element is correct in these circumstances is unclear, and has been discussed here https://www.rightsnet.org.uk/forums/viewthread/15567/, but it is what the ADM appears to say.

Killie - 19 August 2020 08:57 AM

And what would happen if they didn’t claim UC until a few months after they were found to have LCWRA for ESA?

They would get the LCWRA element in UC from the start of the UC claim.

[ Edited: 20 Aug 2020 at 01:44 pm by Ianb ]