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Backdating rules, suspension, and keeping LCWRAE

Dan Manville
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Mental health & welfare rights service - Wolverhampton City Council

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Joined: 15 October 2012

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.

Elliot Kent
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Total Posts: 1208

Joined: 14 July 2014

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.