Linking rules in ESA

I’m away from the office today and don’t have access to any books.

Cl is on ir-ESA but due to receive £16K. This would terminate his claim. If his capital fell below £16K, which is likely to happen fairly quickly, am I right in thinking that he cannot reclaim ESA and would have to claim UC? Also, he would be required to complete a new WCA?

You need to check whether contributory ESA makes up part of the award. If it does, then they should be able to get back onto income-related ESA and avoid needing another WCA.

Thanks Paul, unfortunately it is income-related only.

Assuming it is just the capital terminating IR ESA award. Then client in theory continues to receive LCW/LCWRA credits, in practice often…................

See extract below from https://cpag.org.uk/welfare-rights/resources/article/uc-and-wca-%E2%80%93-some-questions-and-answers

‘Question

My client was a ‘credits only’ case – ie, was not entitled to employment and support allowance (ESA) itself, but had passed the WCA when he claimed UC. Should he be treated as passing the WCA for UC purposes?

Answer

Yes – although as seen above, UC can still decide to reapply the WCA to him in the future. There is a rule specifically providing that someone who had limited capability for work (LCW) for national insurance contribution credits is to be treated as having LCW for UC purposes.8 Similarly, someone who would have had limited capability for work-related activity (LCWRA) had s/he been entitled to ESA itself is to be treated as having LCWRA.9 Again, however, there is nothing to stop UC from reapplying the WCA.10’