ESA closed because on UC

I have a client who claimed ESA and UC a few months ago.  ESA was “credits only.”  ESA referred him for a WCA.  I spoke to CHDA on 05/12/22 and they told me that they had sent a report back to ESA.  I spoke to ESA today and found out that they “closed” his claim on 12/12/22 as he gets UC!  They hadn’t even processed WCA decision.

I’ve asked ESA to reconsider as I can’t see any basis for them to do this.  (Should be accepted late due to client’s mental health.)  ESA pay better NI credits and if a change in circs brought the client off UC, he’d have to reclaim ESA, and go through another assessment, to be able to get credits.  At the moment we’re still chasing UC to process the WCA decision.

Has anyone else come across this situation?
Or know if there is any legal basis for this!?

Whilst you would prefer to have the class 1 credits for LCW over the class 3 credits for UC, the UC credits override the LCW credits.

See reg 8B(2A) Credits Regs - https://www.legislation.gov.uk/uksi/1975/556/regulation/8B

As your client has no ESA entitlement and can’t qualify for credits, there is nothing for the ESA department to do.

Thanks Elliot.

What a mess this system is!

Client claims both ESA and UC to cover all bases.  ESA refer for a WCA but then close the claim before actually making a decision on it.  UC still haven’t referred the client for a WCA themselves and are still asking the client to go to the Jobcentre every 2 weeks.  Yet somewhere floating around in the system is a report from CHDA saying that the client’s health is at risk by being asked to do work related activity!

Imagine what this looks like if you don’t have an adviser/representative.