UC & FTA ESA medical - payment of UC

A quickie - call from a client in Leeds who FTA ESA medical in May 2018. Did a MR and the appeal was lapsed in his favour.  He was told to claim UC before the appeal decision and has just been sent a UC50.  My question is:

1) once he is assessed he’ll receive the arrears of ESA up until his claim start date for UC? This will include the relevant component under ESA?

He has 2 small pensions which were partly disregarded under ESA.  I’m guessing under UC that they are fully taken into account as his UC is currently zero.  Will his claim be “live” until he is assessed as why else would they send him a UC50??

Thanks
Jo

The effect of the lapsing of the ESA FTA decision is that his ESA award continues as it stood prior to that decision until UC comes along and gobbles it up.

So if he was getting a component prior to the FTA decision, then he gets arrears of ESA inclusive of that component up until the day before the UC claim AND then his component is transferred to UC from day one under the transitional provisions.

If he was getting assessment rate ESA only, then he will get arrears of that up until the day before the UC claim.

There should not be an assessment for the purposes of ESA and he certainly doesn’t need to wait for one before getting his arrears.

Thanks, thought so but just wanted to check.  As his UC is currently zero due to pensions, is it still live?

His ESA would have been contributory to get the pensions disregard and therefore should be paid despite the UC claim as it was not abolished by the UC claim

see this thread that Daphne provided: https://www.rightsnet.org.uk/forums/viewthread/13232/

For the ESA (CB) part - or new style ESA, wouldn’t that not be paid as he FTA or rather not receive it until he has his assessment??

As you said the FTA decision was lapsed in his favor, it is now as if that never happened because good cause was accepted and therefore he should now be being paid.