UC throws claim out due to PIP DL in payment. 

I have a client who had been working for six months from October 2019 - April 2020. At the time she was in receipt of PIP Daily living - she was receiving her wages and some HB but her JSA stopped in November 2019. She stopped being able to work In April due to Covid causing her anxiety but did not feel she was being supported by her employer so Resigned from her job in late April. This client made a claim for UC on 14.07.20 and requested back-date to April. The UC claim was thrown out as it was advised she was in receipt of SDP via her Housing Benefit and told to make a clime for ESA (CB) which she did providing sick notes.

This claim for ESA (CB) is not going to succeed as she does not have sufficient NINO contributions - should this claim be considered on Income basis also due to the PIP? (no payments of ESA have been made yet) To make matters more complex this client’s PIP - DL stopped on 24.08.20 so underlying entitlement to SDP has gone from this date and the client does not want to appeal the PIP decision. Our only option now is to claim UC again. Has UC made a mistake in throwing the original UC claim out as no Income Based Benefit for living costs was in payment from April apart from the HB?

The advice from UC to claim ESA was correct. The SDP within HB is sufficient to engage the SDP gateway and to make a UC claim impossible and a claim for legacy benefit possible.

The ESA claim ought to have been considered as an “old style” contributory/income-related claim. The lack of NICs should not have been an issue provided there was an i-r entitlement. I would suggest you make some enquires as it may be possible to have this revised.

As your client no longer satisfies the SDP criteria due to PIP ceasing, she could at this point claim UC (and could not claim legacy benefits)

Thanks Elliott. Will ask for MR of the decision to close the ESA - now I know it has legs - it was closed due to a failure to return info in time.