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ESA WC assessment after change of circumstances
Client claimed ESA some while ago. He was only entitled to IRESA as he did not have enough NI for anything else. Before he had a WCA he moved in with a partner and as she is also on IRESA his claim was ended.
His question was whether he should have had a WCA anyway to establish his rights to increased ESA from the 13th week of his claim (assuming he got through the WCA!) until he moved in with the partner , about 29 weeks after the date of his original claim. All I can see in the regs is that the assessment phase ends after either 13 weeks or when a LCW determination is made and there does not seem to be anything that covers the situation above. It seems to me that he should have kept his ESA claim going as a ‘credits only’ claim until he had the WCA but he told me that ESA just ended his claim as soon as he moved in with his partner.
Any wise words or thoughts appreciated!
thanks
Pete
Thanks, the client is calling ESA to find out if an assessment is still going to go ahead and if it isn’t then asking why not