Legacy benefits and NS ESA

Cl and husband have five children and get WTC (he gets the disabled worker element)/CTC, CHB and HB/CTR. Cl has multiple health conditions but no PIP or ESA. If they claimed UC now, they would be subject to the benefit cap until a WCA found her to have LCWRA, or she was awarded PIP (appealing at present) as his earnings are below the net earnings figure (he is self-employed, 16 hours pw).

Could she apply for NS ESA credits-only now to undergo a WCA so that she has LCW/LCWRA when they are migrated to UC?

No experience of this myself but this case appears to answer your question (positively)

https://www.rightsnet.org.uk/welfare-rights/caselaw/item/old-style-esa-claimant-who-claimed-universal-credit-six-month-after-esa-ended-was-entitled-to-receive-lcwra-element-immediately

Thanks Tom. I am pretty sure she can go down this route without jeopardising the tax credits award but just want to check first!

Won’t the permitted work rules in cESA prevent an award of credits for LCW if he’s working 16 hrs a week?

Hi Seand, I’m thinking about whether the wife can do a credits-only claim for NS ESA. Husband is in work with WTC.

ah, that makes more sense!