Claiming UC following ESA ffw decision

My client was found ffw in 2019 and his ESA claim was terminated. There appears to be no change in his condition. Can he claim UC as unfit for work? Reg 41 would seem to point to no entitlement to a wca but is there a time limit? I can’t see one.

Thanks

No time limit, but in practical terms I rarely find it relevant.

If you were appealing the decision you’d argue f.ex: “you failed to look at issue X” or “failed to consider the extent of issue Y” etc.

When seeking a new WCA instead you can just omit the reference to the past decision, and say f.ex: “issue X means that he can’t walk more than 50 metres” (even if that was also true in the past).

You will need some evidence to start the WCA, but that’s usually a simple matter of getting a fit note or GP letter that lists some new info from the previous WCA.

Reg 41(4) is only relevant if it was new-style ESA. It is more likely that your client was on old-style ESA and therefore the previous assessment is not relevant. In any event, it is unlikely that there is nothing at all to pin a new assessment request on.

I would just add, pedantically, that you are not ‘claiming UC as unfit for work’, you are just claiming UC and then asking for the WCA. He will certainly be able to make the claim regardless.