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

Transitional Protection

roecab
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Welfare benefits supervisor - Roehampton CAB

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Total Posts: 234

Joined: 17 June 2010

Dear All

Our client was in receipt of ESA, failed WCA and appealed, her appeal was refused - at this stage she claimed UC.

We assisted cl to succesfully appeal to the UT, sent back and ESA appeal allowed with LCWRAG

ESA paid arrears to date of claim to UC, and UC, after we got involved paid the LCWRAG until they made their own decision that cl only has LCW, and so no component payable, they say as postdates April 2017

However, as the claim to UC is linked back to ESA i.e. TP Reg 19, and why they initially paid the LCWRAG, does this now mean that the LCW element should be considered to stem from the ESA claim that predates the April 2017 changes?

UC say not

In the meantime an MR is in against the decision to move from LCWRAG to LCW and that LCW not payable

Does anyone agree with us that the TP regs mean that the LCW with the UC should be paid?

Look forward to any replies and thanks in advance.

Andrew Dutton
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Welfare rights service - Derbyshire County Council

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I’d argue this isn’t a new UC claim, and therefore that Reg 19 still applies .

Where’s Charles or HBA???

roecab
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Welfare benefits supervisor - Roehampton CAB

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Total Posts: 234

Joined: 17 June 2010

Andrew,

That was my thought - thank you for that.

It is, I think, a scenario that seems so obvious that you doubt it is correct!

Cheers

Elliot Kent
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Shelter

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Isn’t it just para 13 of 204/2017:

Claimants entitled to employment and support allowance before 3rd April 2017

13.  The fifth circumstance is where immediately before 3rd April 2017 the claimant was entitled to employment and support allowance and remains so entitled throughout the period beginning with 3rd April 2017 and ending with the date on which the claim for universal credit is made or treated as made.

http://www.legislation.gov.uk/uksi/2017/204/schedule/2

Also, it might be worth asking the DWP to revise the subsequent LCW decision specifically on the grounds that it’s correctness is thrown into doubt by the new FtT decision.