Backdating rules, suspension, and keeping LCWRAE

Hi all

Reg 19 UC(TP) holds that a person must be entitled to OSESA on the day a claim for UC is made for them to keep their LCWRAE.

What happens if the ESA was suspended prior to it’s termination and the termination is effective from the date the award was suspended?

I’ve a case similar to this; there’s an entirely innocent; probably unrecoverable, OSESA overpayment but I’m worried the claimant can’t get their LCWRAE protected because of the ESA suspension and inevitable cessation.

Seems a bit mean to me.

If the suspension/termination did not impact your client’s eligibility for NI credits, then your client should be covered. Hop down to reg 21.