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Forum Home  →  Discussion  →  Universal credit migration  →  Thread

SDP compensation, JSA claim ended by going abroad, LCW in ESA and UC

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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Total Posts: 1366

Joined: 22 July 2013

Two separate issues here but I want to keep them together as it is the same client. It is probably quite straightforward but I have been thinking about it too long.

On ESA and failed WCA July 17, appeals. Initially claims JSA but refused until 30.08.17, allegedly due to excess income (client has no idea what this might be). JSA in payment with SDP until 25.10.17 then goes abroad for 3 weeks as mother ill, ending JSA claim. Returns to UK and we have gone Full Service so makes claim for UC on 17.11.17. Has another WCA and fails again, appeals again.

Both WCA appeals have now been heard and won this month. I am trying to link up what should happen.

1) The fact that the JSA claim was ended by client going abroad means that he will not get the ‘compensation’ payment in UC claim despite receipt of SDP in the previous month because he did not have ongoing entitlement (except in HB).

2) Transitional provisions do not apply for UC award despite ESA WCA appeal being won (i.e. LCW from ESA award will not carry forward into UC claim) as gap between 2 LCW awards caused by JSA claim and period abroad.

Are both of these correct? Thank you.

Edited to make more sense

[ Edited: 12 Nov 2019 at 04:38 pm by BC Welfare Rights ]