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

Contribution Based ESA

The CASA
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Community Advice Services Association

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Total Posts: 46

Joined: 6 May 2018

I have a client who exhausted his SSP, then tried to claim ESA contribution based. He was advised to claim UC. He was not awarded it. He had submitted his SSP1 to the DWP.
My opinion is he is entitled to ESA but I may be wrong. All comments are welcomed!

traceyw1
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welfare rights advice-wigan council

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he should be entitled to New Style ESA without having to submit a claim to UC (unless there are housing costs to consider and he isn’t protected because of SDP or supported housing etc)

The CASA
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Community Advice Services Association

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It was last February, my client was refused UC and new style ESA(I presume). Obviously, this is an official error. However, my client can no longer access his UC journal and is unable to ask for an any time revision. My questions are:

Does my client have to open up a new claim for UC and ask for the revision? or

Do we need to write to “ESA” and if so where do we direct his letter?

As always thanks for any help you can offer!

Daphne
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rightsnet writer / editor

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I would check if he did actually claim ESA or was put off and just pushed to UC instead. YOu could submit a claim now asking for 3 months backdating and check whether an earlier claim was made.

Do you know why UC was refused - should he be entitled? If he is I would open a new claim and ask for a MR on previous refusal in the new journal as you say with a view to getting date of claim established as date of original claim