Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Universal credit migration  →  Thread

Backdating IRESA

roecab
forum member

Welfare benefits supervisor - Roehampton CAB

Send message

Total Posts: 369

Joined: 17 June 2010

Dear All,

I think I saw somewhere that from the closure of the SDP gateway that it is not possible to make a backdated claim to IRESA?

In our case.

Client has SDP with his HB, as in temp accomm, he has NSESA with LCWRAG, PIP ER DL and SR Mob.

Would it be possible to now claim IRESA, backdated and so if awarded it would be before 27-01-21 and so not need to claim UC?

Thanks in advance.

[ Edited: 2 Feb 2021 at 05:12 pm by roecab ]
Ianb
forum member

Macmillan benefits team, Citizens Advice Bristol

Send message

Total Posts: 595

Joined: 24 November 2017

See paragraph 4
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/955776/adm1-21.pdf
“The removal of the SDP Gateway means that, apart from the remaining exclusions where a claim for UC may not be made (see M5200 and M5260), from 27.1.21 no claims for ESA(IR), HB, IS or JSA(IB) may be made. This includes claims made on or after that date which are treated as made on, or are in time for claiming from, an earlier date.”

Our more erudite friends on the forum will be able to confirm whether this DWP Advice is actually correct under the law. (I haven’t the energy to try and check at the moment.)

Charles
forum member

Accountant, Haffner Hoff Ltd, Manchester

Send message

Total Posts: 913

Joined: 27 February 2019

Unfortunately IRESA could not now be added.

Is the ESA definitely new-style and not old-style contributory? If the original ESA claim was made at a time when the SDP gateway applied, it would not be NSESA.

roecab
forum member

Welfare benefits supervisor - Roehampton CAB

Send message

Total Posts: 369

Joined: 17 June 2010

Charles,

NSESA was claimed sometime ago, it has already been assessed and includes LCWRAG - he gets the SDP with his HB based on the PIP.

So if it was old style, CESA, then he could ask for a supersession of that to include the IR element by making a claim to backdated IRESA

Is that as this would still stand?

6.—(1) Paragraph (2) applies where—

(a)a person has or had a new style ESA award or a new style JSA award (“the award”);

(b)in respect of all or part of the period to which the award relates, the person—

(i)makes a claim, or is treated as making a claim, for universal credit; or

(ii)makes an application to the Secretary of State for supersession of the decision to make the award, on the basis of a relevant change of circumstances that would relate to the grounds for entitlement to an income-related employment and support allowance or an income-based jobseeker’s allowance if the amending provisions had not come into force under article 4(1);

https://www.legislation.gov.uk/uksi/2013/983/article/6/made

roecab
forum member

Welfare benefits supervisor - Roehampton CAB

Send message

Total Posts: 369

Joined: 17 June 2010

Ian,

Thanks for that - I think that is what I read, but could not locate!

I will wait for Charles to come back and confrim the distinction between NESEA and CESA

Thanks again and hope you feel recharged soon!

Charles
forum member

Accountant, Haffner Hoff Ltd, Manchester

Send message

Total Posts: 913

Joined: 27 February 2019

If it was old-style C-ESA, he could get it superseded to include an income-related element without needing to rely on Art 6 of the No. 9 Commencement Order which you have quoted.

If it is new-style ESA, then before the SDP gateway was removed, he could have ‘converted’ it to old-style ESA using that Article, but now that the SDP gateway has been removed, Article 6 won’t help him.
See Art. 6(1)(e)(ii) of the up-to-date version of that Article, and in particular the words “on that date” which refers you back to head (i), and means “the date on which [...] the application for supersession is received”.

The latest version of this legislation is here:
https://www.legislation.gov.uk/uksi/2013/983/pdfs/uksi_20130983_310319_en.pdf

roecab
forum member

Welfare benefits supervisor - Roehampton CAB

Send message

Total Posts: 369

Joined: 17 June 2010

Excellent

Many thanks, and have a wonderful evening