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

NSESA claim with impending UC WCA

unhindered by talent
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Client off work for some time. Employment ended by mutual agreement today. She has a WCA on Tuesday. Would a NSESA claim (for example to future-proof entitlement) foul up that process?

Elliot Kent
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Dunno. But I would think there is a non-zero chance that it will make life more complicated and there isn’t really much to be gained from doing so at the moment. Couldn’t they wait a few weeks for the WCA decision?

unhindered by talent
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That’s what I was thinking but then got caught up thinking that if she fails the UC WCA it’ll automatically be applied to new-style ESA as that failure will be within the six months preceding the date of claim for ESA and so should she claim on Monday so the failure is after the date of claim? Now i’ve confused myself

Elliot Kent
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I think it all becomes a bit academic if they find her fit for work anyway.

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Fair point!