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

start date for support/lcwra component nsESA

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Peter Turville
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Welfare rights worker - Oxford Community Work Agency

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Total Posts: 1659

Joined: 18 June 2010

Ianb - 17 February 2022 04:46 PM
Charles - 17 February 2022 03:43 PM

I don’t think it would mean no overpayment could be raised, as s. 71ZB of the Administration Act still applies. It just couldn’t be set off against the ns-ESA/JSA.

Which seems more consistent with what is seen in practice. Full payment of CA or ns-ESA arrears and then a UC overpayment to be recovered.
With CA and os-ESA getting payments due calculated always took time but generally seemed to work well for clients. But then with old style benefits if DWP got it wrong they couldn’t recover the overpayment whereas with UC/new style benefits any overpayment is recoverable which rather reduces the incentive to get things right first time around.

Indeed. I’m not aware that the ‘prevention of duplication of payments’ procedures’ were not replicated for UC / aren’t applied at all in practice - rather the process for applying them is no more reliable / efficient than the old C2 etc. cards (pre-computerisation!).

Tara CAC
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Children's Centre Project: Citizens Advice Cornwall

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Ianb - 17 February 2022 04:42 PM
Tara CAC - 17 February 2022 02:20 PM

I’ve not had many cases on nsESA being claimed after UC, never mind follow up from that case 1yr+ later!

We see it quite often when people are getting SSP so cannot claim ns-ESA but can claim UC. When SSP ends, although there is no financial gain from claiming ns-ESA it can be sensible to claim it as a protective measure against a future change of circumstances that could end entitlement to UC (although if possible sometimes best to delay claiming ns-ESA until new tax year to avoid a tax liability).

I’ve been primarily on HtC for the passed few years so don’t have much contact passed the first correct payment but would always advise to claim the relevant cb benefits even if no financial gain - you never know what’s around the corner!