UC/ IR-ESA Top Up claim

I have a client in a full service area who is receiving CB-ESA and no top up for the couple on IR-ESA (although entitled) to their applicable amount.

Client would like to claim the means tested top up for extra income and to entitle them to free prescriptions etc.

Before UC full service roll out here, I would have helped client complete a ESA3 for the IR-ESA top up but as we are now a full service and this is an income based benefit, even with top ups, I fear this means a UC claim? And unfortunately this would mean that their HB would stop for housing costs to be included in their UC .

I think this is right:

- ESA is one of the benefits that is “owned” by one person as claimant
- He or she might or might not have a partner, but it isn’t a joint claim - there is only one claimant
- So in this case what the claimant is after is a superseding decision increasing the award of ESA

In particular, income-based and contribution-based are not different benefits, they are just different ways of qualifying for the same benefit.  What results is always an award of the single, generic benefit known as ESA.

So I’d say an ESA3 is exactly what you need here.  The point is, it isn’t a claim - it’s an application for a superseding decision.

PS - after seeing Jon’s post - of course the above assumes the ESA was claimed before the area went to full service, meaning it is still “old style” ESA

Assuming it’s an award of old-style ESA, then it should be an ESA3 with no UC involved. This is a copy of some guidance we were sent:

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

To my mind, points 5 and 6 support the correct legal position that ESA is a single benefit, and being awarded ir-ESA on top of your existing c-ESA does not constitute a new claim, and so UC is not invoked.

I can’t make sense of point 7 unless I mentally delete the words I have bolded, so I am choosing to assume it’s just badly edited.