UC claim made and mandatory reconsideration for ESA

Hi,
Answers/ideas please:

Client is in a Gateway area.

Client failed WCA and was told to appeal or claim UC (not sure by whom) and she did not know what to do so claimed UC.
Doctor says she is not well enough to seek work/ or work.

She is still in time to make mand recon request for ESA, which we are doing tomorrow by phone.

If she had requested mand recon for ESA, she would not have been allowed to make claim for UC and would have had to claim JSA only.

So, once ESA mand recon made - what are implications, if any? Or is she now stuck on UC ?

Many thanks,

Elaine Henderson

Yes I am answering my own query (sort of). Just rang UC - they said if she makes mand recon of ESA then she will not be entitled to UC and they will not pay her (first pay date is 31/07/15) and she will have to claim Hardship Payments!!! -So I don’t think I can rely on UC for the answer.

I guess it would mean a new claim for JSA/HB/CTS and request backdating?

Just rang ESA - they have no idea what will happen either.

I think it is a new claim for JSA/HB/CTS and backdated.  Obviously back on ESA if you have to progress to appeal. Keep us posted.

Horribly I think the issue is whether or not at the date pf claim for UC the client met the gate way conditions (see Article 4(2)(a) of WRA 2012 Commencement No. 9 Order - this states “on the date on which the claim is made” the claimant meets the gateway conditions).

So for a claimant who meets the conditions at date of claim and then in between that date and a determination of their UC claim something changes such that they no longer meet the gateway conditions, then the issue is that they are still a UC claimant.

Of course what they could do is decide to lose a few weeks money and withdraw their claim to UC. Then they could not reclaim it as they would not meet the gateway conditions and would instead be entitled to claim JSA.

In a case such as yours given first payment of UC takes an age and JSA will be quicker that might be best option- also the missing weeks of benefit will be filled in when eventually file appeal against the ESA decision as will get ESA pending appeal for those weeks.

Bit of a nightmare.

Martin is right that it’s whether you meet the gateway conditions on the date of claim but my understanding is that if a UC payment hasn’t yet been made it is possible to reverse the situation and go back on legacy benefits - see thread here - http://www.rightsnet.org.uk/forums/viewthread/8088/

Hmmm…. doesn’t the option described there depend on you having given incorrect information and also not meeting the conditions as at the date of claim? In this case it would seem that the claimant did meet the conditions as at that date….. Or am I missing something?

Thank you for all your replies. All very helpful.

I will keep you posted on progress.

Elaine

good point martin - I missed that - though could you argue that intention was to challenge the WCA decision even when made claim and try and get UC claim withdrawn on that basis?

Client decided not to make a mand recon for ESA so no further info can be gleaned from this query.