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

Supersession possible?

 

JojoMitchell
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Just received an email from a couple on UC.  The husband attended a tribunal in Jan 19 for ESA and was put in the SG but this couldn’t be paid as his wife’s income took him above the threshold.  They made a joint claim for UC and he has been placed in the WRAG.  Any chance he could have used the tribunal decision to be paid the LCWRA element under UC?

I’m waiting on more info regarding dates of claims, tribunal date etc.  If it is possible, D&A Regs state one month for a supersession - is there any leeway? 

Thanks

      [ Edited: 14 May 2019 at 05:03 pm by JojoMitchell ]
HB Anorak
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More likely revision: does the ESA appeal mean he is in SG right up to the date of the UC claim? If so the UC decision can be revised under Article 24 of the No 9 Order

     
JojoMitchell
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Good to know for future reference.  Client finally came back to say he went from ESA to JSA to UC so there goes the support group! Article 24 is??

     
Elliot Kent
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JojoMitchell - 15 May 2019 10:17 AM

Good to know for future reference.  Client finally came back to say he went from ESA to JSA to UC so there goes the support group! Article 24 is??

http://www.legislation.gov.uk/uksi/2013/983/pdfs/uksi_20130983_310518_en.pdf

Remember that - even if your case doesn’t fall within the exact facts to raise Art 24 -  provided that the UC decision was made in the past 13 months (which is probably a given), its entirely possible to just request an any grounds revision, arguing that the DWP ought to follow the FtT’s decision.

     
JojoMitchell
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Thank you!  The client was on ESA in 2017 but cannot recall the date and when this stopped (again no date)  he claimed JSA until April 2018 when he went onto UC (joint claim) until now.  His ESA tribunal was in January 2019.  His UC decision was made within the last 2 months as he is now appealing the WRAG decision so could he ask for a revision despite the period on JSA?  I’m guessing that he claimed JSA during the MR period and then stayed on it…

     
Charles
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JojoMitchell - 15 May 2019 10:57 AM

Thank you!  The client was on ESA in 2017 but cannot recall the date and when this stopped (again no date)  he claimed JSA until April 2018 when he went onto UC (joint claim) until now.  His ESA tribunal was in January 2019.  His UC decision was made within the last 2 months as he is now appealing the WRAG decision so could he ask for a revision despite the period on JSA?  I’m guessing that he claimed JSA during the MR period and then stayed on it…

I think Art 24 could still be used despite not being on ESA up until the date of the UC claim. That just means he cannot get the LCWRA element from the start of the UC award, but he should still get the UC decision (as most recently superseded) revised to include LCWRA from after the relevant period.

You could also simply request a revision like Elliot suggests…

      [ Edited: 15 May 2019 at 11:14 am by Charles ]
JojoMitchell
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Thank you - I knew you could challenge an ESA to UC but not if there had been a break.  Fortunately or unfortunately I don’t receive many calls/emails re: UC so much appreciate your help.

Would the claimant be wise to put this on his journal as a revision request?  He has just submitted an appeal for the WRAG decision.

      [ Edited: 15 May 2019 at 11:11 am by JojoMitchell ]
Charles
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Yes, I think so. I can’t see any possible delay resulting by requesting a revision. It’s not like they could lapse the appeal by revising partially in his favour, as that’s not possible here.

     
JojoMitchell
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If they revised from the UC WRAG decision date then he can cancel his appeal surely?

     
Charles
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Oh, in that case it would lapse anyway. But who cares - he’d have got what he wanted.

I just meant that sometimes if there’s an appeal underway it’s better not to get them to revise the decision, because if they revise it partially in your favour, the appeal lapses. But of course here, there’s no way for them to revise it partially in his favour - he either has LCWRA or not.

     
BC Welfare Rights
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JojoMitchell - 15 May 2019 11:09 AM

Would the claimant be wise to put this on his journal as a revision request?

Yes but also telephone the request in to the UC phone number. Entries like this on the journal often seem to not be understood by the staff dealing with them and either get ignored for months on end, or just elicit two sentence responses that miss the point.

     
JojoMitchell
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Thank you! smile