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Date of ESA claim to avoid UC

 

Welfare Rights Adviser
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Social Inclusion Unit, Swansea

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December 13th is rapidly approaching Swansea, can a claimant avoid UC with a backdated ESA claim after we go FULL?

     
Clara
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Welfare Rights Officer, Brighton and Hove City Council, Brighton

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Hi I’d also like confirmation of this, DWP adamant that they can’t take a backdated claim for ESAir in postcodes that are full service now but weren’t on the backdated date of claim.

     
Daphne
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This was discussed at the CPAG UC seminar yesterday - as soon as you put in a claim for irESA in full service then it is abolished (article 4 of the relevant commencement order that makes your area full service) so you can’t get it and UC is therefore the only option. And as I understand it, it doesn’t matter that you are asking for backdating to a prior date, the date of claim is still the date of claim.

     
Benny Fitzpatrick
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Why would your client want to avoid the limitless joy that is UC? Does, he/she not know about how it is helping record numbers of people find work and stay in work longer?

     
Clara
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Bother! We were successful at a PIP tribunal, then her partner asked for her to be taken off the couple claim on 2.10.17 and their postcode went full service on 4.10.17.  I sent in an optimistic ESA1 for her but the dwp have lost it anyway. The living together decision was delayed but they have now agreed they were single from 2.10.17 and so she is off his ESA claim and will not get any premiums on UC.

I just hoped that the date of claim for ESA was the date the claim was backdated to.

     
Welfare Rights Adviser
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At nawra last week in the esa workshop, someone already in full service said they were managing to successfully claim esa by printing off the claim form and submitting as a backdated claim, so next week do we try or not?
Do the claims and payments regs 1987, reg 19 and schedule 4 actually may the date of claim the date you are backdating to?

      [ Edited: 7 Dec 2017 at 02:40 pm by Welfare Rights Adviser ]
Welfare Rights Adviser
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Social Inclusion Unit, Swansea

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Any thoughts on the date of claim and why have backdated claims worked in a full service area up north?