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Time expired NSESA
This worries me. I’ve saw an expired NSESA claim recently where CHDA had closed the referral due to the NSESA claim closing down; there’s some kind of automatic trigger they told me.
I managed to revive the referral as the client had claimed UC but I wonder if a lot are going their 365 then never seeing an assessment.
Sorry if I am misreading this, but in your example, why has the NSESA “closed down”....if payment of NSESA has ended because it is past day 365 and LCWRA has not been established (currently all too common due to covid-delayed WCA/assessments etc) then this does not legally “close down” the NSESA claim.
In the same way that if a WCA determines that a person merely has LCW, the NSESA claim does not end at day 366.
The person is still on NSESA or CBESA but just is not entitled to be paid any benefit.
This area of the law virtually never actually comes up in my experience.
The only time it does for me anyway is when the claimant later becomes LCWRA thru a CoC and the payment of NSESA returns via supersession of an EXISTING claim…..for many, though, they remain as LCW only and it never re-emerges….but they are/should be getting stamp of course .....
Don’t know of any such “trigger” you mention ....but this is indeed worrying if so
In the same way that if a WCA determines that a person merely has LCW, the NSESA claim does not end at day 366.
The person is still on NSESA or CBESA but just is not entitled to be paid any benefit.
Not my understanding. I thought that the ESA claim did indeed end. The claimant can claim NI credits due to LCW but that is not an ESA claim. Other threads on here do however suggest that DWP sometimes treat it in the way you describe because they find it more administratively convenient.
Actually, now I think about it I may be wrong (will try to look at this) ....but my experience runs alongside the scenario where the DWP treat it as not ended and supersede to restore ESA when a CoC/worsening occurs….also, if I get credits for LCW (perhaps over decades) why does the DWP not apply WCA at intervals….or at all??
In Dan’s example, though, the ESA should NOT end in any event as the clt is neither LCW or LCWRA.
What it does likely mean is that all clients in this scenario (or advisers advising them) will need to potentially remind the DWP of their client’s NSESA/CBESA remaining in “limbo” after day 365 and to maybe seek specific assurance in writing from the DWP that their WCA outcome will be determined at some point and backdated if appropriate
[ Edited: 27 Jan 2021 at 08:56 am by Peter Donohue ]