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Forum Home  →  Discussion  →  Universal credit migration  →  Thread

2 day gap

S2uABZ
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Money adviser - Aberdeen City Council Financial Inclusion Team

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Cl was in Northern Ireland and in ESA SG. She contacted the DWP there for advice as she was moving to Scotland, she was advised to close her ESA claim and claim UC over here.

On claiming UC they said as there was a 2 day gap in ESA closing and the UC claim her LCWRA could not be transferred and she would have to go through the medical assessment process again.

The Transitional Provision Regs seem to only apply if ESA was in place on the relevant date.

Apart from a complaint about bad advice is there any argument here?

many thanks

Ali P
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Tenancy sustainment - Hillcrest Homes

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Hello

Why was there a 2 day gap? Could UC be backdated ?

S2uABZ
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Money adviser - Aberdeen City Council Financial Inclusion Team

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The 2 day gap was between closing her ESA claim and claiming UC, this happened in Oct 2019. She has been waiting 5 months for a UC Limited Capability for Work decision.

Going along the route of complaint and maladministration claim.

Va1der
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Welfare Support Worker - Community Renewal Edinburgh

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Does she have the LCWWRA now?

DWP reps at a recent meeting strongly encouraged the use of escalation routes. No promise that it would actually benefit the claimants, seemed more a data gathering exercise, but they seem to be lowering the bar for contact regardless.
(Not saying they’ll include it for the 3 month waiting period, but may at least speed up your client getting the award, until you can resolve the complaint).

Income Max
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Weymouth & Portland Citizens Advice

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Request backdating to remove the gap. MR and appeal if backdating refused. This can take a while but I’ve used it successfully in a similar case (client had the waiting period applied because he had a 1 day gap between his extended period of sickness on JSA and his UC claim).

As with your client, it was months in to the claim before backdating was requested. UC insisted it was too late to request backdating but the appeal judge found in client’s favour.

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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Income Max - 11 March 2020 12:02 PM

As with your client, it was months in to the claim before backdating was requested. UC insisted it was too late to request backdating but the appeal judge found in client’s favour.

Are you able to post an appeal reference?

Income Max
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Weymouth & Portland Citizens Advice

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It was First Tier so not published and would not be binding on another tribunal.