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

From Essex to Wessex claiming New Style/Contributory ESA in UCFS territory the wrong way will not be tolerated!

 

Andyp5 Citizens Advice Bridport & District
forum member

Citizens Advice Bridport & District

Send message

Total Posts: 327

Joined: 9 January 2017

Long long long story…..............................................................

Client very unwell, with help of Daughter claims ESA, completing an ESA1 instead of the elusive prized ESA (UC) 1, sends it off.

Eventually gets a decision several months later, advising claim defective, after MP’s involvement, two Complaints Resolution Managers later actually sheds light on events.

Reasons being he claimed the wrong benefit i.e. old style as opposed to new style. So must make a claim over the phone etc etc via UC enquiry line.

I think there is an argument that his ESA1 could be treated as claim for New Style regardless looking, at reg 15 UC (C&P) regs 2013, and if they consider the claim defective give client opportunity to rectify it e.g. complete a ESA (UC) 1 and a DP Gen.

Definition of ESA in the claims & payments regs 2013

Reg 2 UC (C&P) regs 2013 defines “employment support allowance” means an allowance under Part 1 of the Welfare Reform Act 2007 as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the 2012 Act that remove references to an income-related allowance; 

Any thoughts welcome please!

     
Mr Finch
forum member

Benefits Adviser, Isle of Wight CAB

Send message

Total Posts: 380

Joined: 4 March 2011

Absolutely. This is the problem when terms of art like ‘new-style’ and ‘mandatory reconsideration’ get elevated beyond their status. ESA is still one benefit.

     
Andrew Dutton
forum member

Derbyshire Welfare Rights Service

Send message

Total Posts: 1268

Joined: 12 October 2012

Yes, I’ve got one still running from January when an ESA1 went in - DWP awarded ESA when an ESA1(UC) was received a month later but have stalled ever since on an MR request that the date of claim be that of the ESA1 as per Reg 16 C&P.

Formal complaint made regarding their failure/refusal to make a decision.

     
Andyp5 Citizens Advice Bridport & District
forum member

Citizens Advice Bridport & District

Send message

Total Posts: 327

Joined: 9 January 2017

Phew! ESA paid!