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

When old-style c-ESA expires in a UC area

Jon (CANY)
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Welfare benefits - Craven CAB, North Yorkshire

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We are a full UC area. If old-style contributory ESA for someone not in the Support Group expires after 365 days, can it convert to income-related ESA?

DWP seem to think the answer depends on whether the claimant asked for the income-related benefit on the original claim form. If you didn’t tick the box you have to claim UC instead. Looking back at the cases on ESA being a single benefit I’m not sure that’s correct:

http://administrativeappeals.decisions.tribunals.gov.uk//Aspx/view.aspx?id=4349

http://administrativeappeals.decisions.tribunals.gov.uk//Aspx/view.aspx?id=4566

AlexJ
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Trafford Welfare Rights

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I think the DWP’s approach to this is wrong. In the LH case, the claimant hadn’t initially indicated that she wanted IRESA, but this didn’t prevent her from subsequently becoming entitled to IRESA when her circumstances changed later in the claim. I would argue that the same applies; the ending of the CB element after 365 days is simply a change in circumstances that alters her entitlement to the same benefit, namely, ESA.

Jon (CANY)
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Welfare benefits - Craven CAB, North Yorkshire

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Thanks Alex. I can see there will be practical problems, if DWP hold no income/capital info at all for someone whose c-ESA has just expired, but I don’t think the answer can be “you didn’t tick the right box 12 months ago, so you must now claim UC”.

I’ll post back if I get an answer from DWP on this.

Nan
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Generalist team - Hammersmith & Fulham CAB

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I don’t think we’ve dealt with anyone where the c-ESA has actually stopped (we are also full service), but I would definitely be inclined to ask for an ESA3 (or maybe print off an ESA1 online and stick a cover letter with it) and see what happens.

I’m sure it’ll be a smooth process regardless…

Rebecca

Jon (CANY)
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Welfare benefits - Craven CAB, North Yorkshire

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HFCAB - 28 July 2017 04:07 PM

I don’t think we’ve dealt with anyone where the c-ESA has actually stopped (we are also full service), but I would definitely be inclined to ask for an ESA3 (or maybe print off an ESA1 online and stick a cover letter with it) and see what happens.

I’m sure it’ll be a smooth process regardless…

Rebecca

The problem is that people are going to be directed by DWP to claim UC as soon as they make any enquiries about why their ESA has stopped. Even if you later challenge the ending of ESA and argue that income-related ESA should have come into payment, in many cases it will likely be too late to retrieve the legacy benefits.

Has anyone dealt with this scenario in practice, in a full service area?

Jon (CANY)
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Welfare benefits - Craven CAB, North Yorkshire

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Guidance received back from DWP on when an ir-ESA might come into payment:

1. This guidance provides Work Services Directorate (WSD) staff with the support they need when dealing with enquiries from claimants. This enquiry could be as result of an outbound call by Benefits Directorate, or the issue of an automated notification advising the claimant that their ESA(C) is due to exhaust.
2. From 30/04/2012 claimants receiving ESA(C) who are not in the Support Group (SG) will have the time they can receive this benefit limited to 365 days. Claimants entitled to income-related Employment and Support Allowance (ESA(IR)) only and those in the Support Group(SG), are excluded from time limiting.
3. The guidance will assist with handling claimant enquiries (including those from vulnerable customers) and provide information on the receiving and issuing of the ESA3 (ESA3W for Welsh language claimants).
4. Claimants may call into the Jobcentre to make a face to face enquiry following an outbound call, or the receipt of an automated notification, advising them about their ESA(C) exhaustion.
5. Claimants who may be entitled to ESA(IR) will not have to make a new claim, but we may have to ask them for more information on form ESA3/ESA3W, if they do not currently have existing or underlying entitlement.
6. However, If a claimant made a claim to legacy ESA (C) and on the date they made the claim, the area they lived in was not a Universal Credit Full Service (UCFS) geographical area, however, when their ESA (C) exhausts, the area they live in is now a UCFS geographical area, they must claim ESA (IR) and an ESA3 must be issued
7. If a claimant lived in a UCFS geographical area on the date they made the claim and had claimed legacy ESA (C) instead of New Style ESA, when their ESA (C) exhausts, they must be signposted to claim UC via http://www.gov.uk/universal-credit except if there are 3 or more dependant children or Qualifying Young People (QYP), in which case they must claim ESA (IR) and an ESA3 must be issued

I have queried why point 7 doesn’t quite make sense (to me at least). I guess they left some words in that they meant to delete.