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

Claiming ESA New Stlye “Credits only” in order to get the WCA in place for UC

JACNCC
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Welfare Rights - Norfolk County Council

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Total Posts: 10

Joined: 20 November 2019

To be honest, I wasn’t totally sure which section to post this in, as it involves 3 different benefits, but the ultimate goal is to have the link in to UC.

Backstory is that client is in receipt of WTC and CTC as a lone parent and with the 30 hour element. Her son is aged 19 years old - will be 20 years old on late January 2021.

He has disabilities and is in receipt of PIP at the ER of both components and is still in full-time non advanced education and will be past his 20th birthday.

I have seen before the issues with a young person in his circumastances being refused UC as they have to have had the WCA, in order to claim UC and the general consensus seems to be to get the young person to claim New Style ESA for credits only, but this will prompt the WCA.

My question is, if the young person makes the ESA claim before his 20th birthday, will this stop the Child Tax Credits claim? We obviously don’t want mum to lose out on money, but wondered, with it being a “credits” only claim, could we get past there being a gap, if we have to wait until he has turned 20 years old?

dereksi
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Welfare rights worker - Contact a Family, Glasgow

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Joined: 16 June 2010

Hi

I don’t think a claim for contributory ESA (that has no chance of an actual award) should bring CTC to an end. Rule 4.1, case E of Reg 3 of the CTC Regulations says that you cease to responsible for a young person if they claim contributory ESA in their own right AND “that benefit is paid to or in respect of him or her for that period”. So looks like CTC payments should only stop if there was an actual award of cESA.

JACNCC
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Welfare Rights - Norfolk County Council

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Total Posts: 10

Joined: 20 November 2019

Hello dereksi

Thank you for that - very useful information and hopefully a good “work around” to get him on to UC without mum being financially penalised before that date.