UC - referral for a WCA (with ESA WCA appeal pending)

Claimant on UC and wants to be referred for a WCA.  It emerged during our conversation yesterday that she actually still has an ESA WCA appeal pending although she’s reluctant to go through with it (we will be advising her to).  My question is what UC does in these circumstances, will they arrange a new WCA even though there’s an ESA appeal pending?

I’m sorry if this is a really obvious question but this is my first week back in the office after a year of maternity leave and UC is already hurting my head!

Thank you in advance

Welcome back JP:) I think that UC will only carry out a new WCA if there’s evidence that there’s been a change of circs (like worsening of condition) or orginal decision made in ignorance of, or based on mistake about, material fact - reg 41(4) of UC Regs 2013 - see also p1021 of CPAG handbook.

Thank you - that makes perfect sense… now!

ros - 18 January 2019 03:21 PM

Welcome back JP:) I think that UC will only carry out a new WCA if there’s evidence that there’s been a change of circs (like worsening of condition) or orginal decision made in ignorance of, or based on mistake about, material fact - reg 41(4) of UC Regs 2013 - see also p1021 of CPAG handbook.

I think that more a matter of “should only carry out a new WCA” rather than “will only carry out a new WCA”.