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

client on ESA credits only - new claim or supercession?

Cordelia
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Welfare rights officer - Wrexham Council Welfare Rights Team

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Total Posts: 149

Joined: 16 June 2010

This has been discussed in the past, but with UC it’s become more than a theoretical issue.  If a client is getting credits only ESA, and due to a change or circs would now meet the criteria for income-related ESA I have always thought of this as a new claim.  However there is an argument that it is a supercession of the existing credits only claim.

Now we are a UC area, what are the chances of ESA superceeding a credits only claim and therefore allowing someone to avoid claiming UC?  Has anyone tried this?

I don’t have a specific client, but I’m thinking of cases where a partner loses their job etc.