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

Any equivalent of esa reg 147A (6) for UC?

 

Vonny
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claimant was on esa til found fit for work, just won appeal and placed in support group, has not got any better, has already claimed UC in the the meantime and but had also been found fit for work again.  Is there any equivalent to 147A (6) for UC (well specifically ESA to UC) to allow the tribunal decision to trump the next WCA decision when there has been no change?

     
Paul_Treloar_AgeUK
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This hasn’t been answered and we’ve receiived similar query, anyone have any ideas or is this a busted flush?

     
nevip
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See post 9 in the discussion below

https://www.rightsnet.org.uk/forums/viewthread/13783/

     
Paul_Treloar_AgeUK
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Nice one Paul, thanks for the pointer.

     
Paul_Treloar_AgeUK
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Follow on quick question.

Article 24 of CO9 certainly appears to give DM discretion to revise UC award following ESA appeal, so if someone found to have LCWRA for ESA following appeal that is decided after UC claim made, then UC can be varied to also include LCWRA element.

What about the other way around? Someone claims UC and has WCA and is awarded LCWRA element. They have outstanding ESA appeal which decides they don’t have LCW at all or only LCW. Would this enable the UC decision maker to revise the UC award downwards to remove the LCWRA element and increase conditionality requirements?

     
Elliot Kent
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Paul_Treloar_AgeUK - 08 May 2019 01:58 PM

What about the other way around? Someone claims UC and has WCA and is awarded LCWRA element. They have outstanding ESA appeal which decides they don’t have LCW at all or only LCW. Would this enable the UC decision maker to revise the UC award downwards to remove the LCWRA element and increase conditionality requirements?

If there is an ongoing appeal against the ESA decision, then it can be revised under reg 3(4A) D&A Regs 1999 without the need for any specific provision for this situation.

     
Charles
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Elliot Kent - 08 May 2019 06:26 PM
Paul_Treloar_AgeUK - 08 May 2019 01:58 PM

What about the other way around? Someone claims UC and has WCA and is awarded LCWRA element. They have outstanding ESA appeal which decides they don’t have LCW at all or only LCW. Would this enable the UC decision maker to revise the UC award downwards to remove the LCWRA element and increase conditionality requirements?

If there is an ongoing appeal against the ESA decision, then it can be revised under reg 3(4A) D&A Regs 1999 without the need for any specific provision for this situation.

Isn’t the question whether the UC decision can be revised?

I think it can under the same art. 24 of the No 9 Commencement Order.

Worth noting that often DWP will refuse to carry out the WCA for UC if there is an appeal pending against the ESA decision. See the last paragraph here.

     
Elliot Kent
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Charles - 09 May 2019 02:49 AM
Elliot Kent - 08 May 2019 06:26 PM
Paul_Treloar_AgeUK - 08 May 2019 01:58 PM

What about the other way around? Someone claims UC and has WCA and is awarded LCWRA element. They have outstanding ESA appeal which decides they don’t have LCW at all or only LCW. Would this enable the UC decision maker to revise the UC award downwards to remove the LCWRA element and increase conditionality requirements?

If there is an ongoing appeal against the ESA decision, then it can be revised under reg 3(4A) D&A Regs 1999 without the need for any specific provision for this situation.

Isn’t the question whether the UC decision can be revised?

Yes, sorry. I was not paying attention and had imagined a different question…

     
Paul_Treloar_AgeUK
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Charles - 09 May 2019 02:49 AM

Isn’t the question whether the UC decision can be revised?

I think it can under the same art. 24 of the No 9 Commencement Order.

Worth noting that often DWP will refuse to carry out the WCA for UC if there is an appeal pending against the ESA decision. See the last paragraph here.

Thanks Charles, we’ve got client in exactly situation descrobed and have advised its probably best to withdraw ESA appeal as UC award includes LCWRA and seems no gaps in payments so can’t see what’s to be gained by going ahead with outstanding ESA appeal.