UC and challenging legacy benefit decisions

Hi all,

Background: C was receiving IBESA, HB/CTR. C has not yet submitted a claim for UC, but concerned about his limited savings.

Two separate enquiries:

1. C applied for ESA, and has received decision letter after missing WCA without good cause. C’s postcode has become UCFCS since making original application. C was then contacted by LA, stating that his HB/CTR has been suspended due to ESA stopping. If C was to make a claim for UC, would it be possible for C to request HB/CTR payments he would have been entitled too between IBESA stopping and submitting a claim for UC, as long as he was eligible between those dates?

2. If C was to appeal IBESA decision, my understanding is that C would not receive assessment rate ESA pending appeal. Due to C’s limited savings, is there any benefit to him waiting to claim UC, as presumably tribunal would only be deciding whether WCA should be carried out, in which case C would also be left with no income. His health conditions have not significantly deteriorated, and so my understanding is that C would not receive assessment rate ESA before WCA.

Any advice would be greatly appreciated.

1. Yes. But the claim has only been suspended. This will be for the LA to verify his income/circumstances. For HB to be payable between the date of ESA termination and any UC claim, he will need to provide proof of his income between those dates. But in any event, HB is payable on nil income - so he could ask for the lifting of the suspension on that basis (he would simply have to provide the same proof he would be providing anyway - bank statements etc) and continue to receive HB pending the appeal.

2. Not correct. Whilst he cannot get ESA pending appeal, if he wins the appeal then ESA is restored immediately, not only at the point that the WCA is carried out (if that was the case, he couldn’t get ESA unless he also then satisfied the WCA). And the rate payable post appeal/pending the WCA is then what ever rate he was receiving before the disallowance/failure to attend decision.

Ultimately it comes down to a combination of whether client is able to survive financially pending the appeal (he can get HB) and how you assess his prospects of showing good cause in the appeal. If he loses the appeal the ESA has gone and whatever UC he could have received whilst waiting for the hearing. No idea of tribunal waiting times in your area, but we are looking at 6 - 9 months here, even once the appeal is registered.