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

UC, backdated ESA and the waiting period

CAAdviser
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Central and South Sussex Citizens Advice

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Hi all

Just want to check I am thinking about this correctly.  I have read the posts on RN re this issue and timing the claims to avoid two waiting periods (or part periods) having to be served as per the ADM.  Have also noted that the ADM is likely to be incorrect and is contrary to to the legislation but would rather avoid the client having to fight that battle if it’s easily avoidable by timing the claims correctly.

Client will be applying for both ESA and UC and requesting 3 month backdating of his ESA.  He is likely to be eligible for the SG.

So F5052 says : “Where entitlement to the ESA support component begins after the award of UC, the claimant must serve the relevant period as in F5031 before the LCWRA element can be included in the UC award.”

So my thinking is that he needs to apply for ESA first requesting 3 months backdating.  If he is placed in SG, then this should be backdated to the day he physically makes his claim (ie 3 months after the backdated date of claim).  So he needs to apply for UC at least one day after the day he physically makes his ESA claim to make sure that the SG component starts before the UC claim is made.

Is this right?

All thoughts gratefully received :-)

 

Charles
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Accountant, Haffner Hoff Ltd, Manchester

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Only if the end of February is within the backdating period will this be the case. Otherwise the maximum 3 months backdating will always contain at least 91 days before the date of claim for ESA and UC.

CAAdviser
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Charles - 15 October 2020 08:22 PM

Only if the end of February is within the backdating period will this be the case. Otherwise the maximum 3 months backdating will always contain at least 91 days before the date of claim for ESA and UC.

Sorry I don’t understand how this is relevant? 3 calendar months is always 3 calendar months?  And ESA can be backdated by a maximum of 3 months.  And the ESA AP is 13 weeks, where does 91 days come into it?

My query is around the timing of the backdated ESA claim and the the start of the UC (which is not backdated).

So coming to it with a fresh head today:

If my client claims ESA today and it’s backdated by three months, he needs any SG component to start at least one day before the UC claim starts so that he doesn’t fall foul of the ADM guidance.

So if he claims ESA today and it’s backdated by three months then his date of claim should be the 16th July.  His 13 weeks AP should then end on 15th July, so I think any SG component would start on the day after this, 16th October, so his UC claim needs to be made tomorrow?

Is this correct?

Charles
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91 days is 13 weeks, and 3 months (with the exception of cases including Feb) always has at least that many days.
You do not need the SG component to start the day before the UC claim. The day of the UC claim itself is fine.

Edit to add: In your case, there are actually 92 days in the 3 months, so the SG component can be included from the 15th.

[ Edited: 16 Oct 2020 at 10:27 am by Charles ]
CAAdviser
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OK great, that makes sense for my scenario.  So the SG component will start on the 15/10 and the UC claim on the 16/10 so that works.

Many thanks