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

Effect of appeal on missed WCA

 

Timothy Seaside
forum member

Housing Services, Arun District Council

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Total Posts: 124

Joined: 20 September 2018

Here’s a chronology:-

September 2017: first ESA claim ended due to missed WCA. Client says she didn’t receive invitation. MR says she did.
October 2017: claimed JSA.
November 2017: made second ESA claim (still during MR). No payment due to missed WCA within 6 months. Invited to WCA 7 March 2018. Client did not attend (couldn’t say why, and had received invitations).
JSA ended 8 March because “you have claimed another benefit like Income Support or Incapacity Benefit”
March 2018: made third ESA claim, but not payable as missed WCA within six months.

July 2018 we went full service UC. Client decided she would rather appeal than claim UC (even though she had no money). So appeal submitted - against decision to end ESA in September 2017.
August 2018: claimed UC
October 2018: client wins appeal - on first ESA claim and receives UP.

And here’s my question:-
With the successful appeal on ESA claim 1, does claim 2 become irrelevant? Or, to put it another way, does her failure to attend the WCA (for claim 2) in March mean that claim 1 ended then?

N.B. I have only seen the front page of the appeal decision. Client seems to have lost the rest now. I haven’t been able to work out what the extent of the appeal decision was because a) I haven’t seen it all, and b) I can’t work it out from her UP award because I don’t know what she was paid in JSA during the periods in question.

It’s important because of transitional provisions going into her UC claim - she’s still waiting for a WCA on her UC claim, and hasn’t been getting the LCWRA allowance (she was SG in ESA). So if anybody can give me a definitive answer, I will have a better idea about whether there’s any point pursuing an MR on the UC (to get them to apply the TPs).