In UC full service area, on IR-ESA, found fit for work. What to claim and what if appeal successful?

One of our Jobcentres (out of 3) is going full service (digital) from 25 May this year.

Anyone know what happens if someone living in this area and on IR-ESA is found fit for work?
Would they have to claim JSA or UC?
What if they request a mandatory recon? Claim JSA or UC?
What happens when they appeal? Claim ESA or UC?
Then, what happens if they consequently win their appeal? Would they go back onto ESA or would it be UC with LCFW element?*

*potential of big loss if had SDP for example.

It appears the commencement order isn’t out for this roll out yet but guess it may be same principle for existing full service/digital roll outs?

Thank you

It will be UC Clive - as I understand it once an area goes digital it is not possible to start a new claim for any of the legacy benefits in that area - so it will be UC for evermore (unless they move and can get out of the lobster pot which tho possible - http://www.rightsnet.org.uk/forums/viewthread/9073/ - I don’t think it is necessarily easy)

The commencement order for the previous bit of roll-out - http://www.rightsnet.org.uk/welfare-rights/news/item/further-roll-out-of-the-universal-credit-digital-service - includes amendments to abolish IS, ibJSA and irESA.

And i think tax credits and housing benefit (in the main) go as here - http://www.rightsnet.org.uk/forums/viewthread/9329/#42104

If the tribunal holds that the claimant isn’t fit for work - so that there never was a change of circumstances which would have triggered a move to UC - then couldn’t the tribunal direct DWP to restore their old IR-ESA award (including any premiums)?

Yes - good point - because it wouldn’t be a new claim - in fact I think it would have to be ESA.

I wonder if anyone has any practical experience of this that they could share? 

By the end of last year the digital service had clocked up around 50,000 person years (over the whole geographical population covered.) Some of those wouldn’t be (potential)  UC claimants ,of course, but I think that’s still large enough for this situation to have possibly already happened.

If the original ESA claim was reinstated after appeal, though what about HB, would the claimant be able to get back onto HB or would it be abolished for them as a new claimant, leaving only UC as a route to getting help with rent?

Any news on this?

April WRB 251 @ page 5 suggests that even those with successful appeal will need to stay on UC (if they claimed this during MR period).

And I have the same question as Sara in the previous post about HB, i.e. if you want your rent paid during MR period, you need to claim UC.

We have experience of the first part of this, a client was waiting for a mandatory reconsideration decision on a failed WCA, she didn’t have any savings to wait out the mandatory reconsideration period so had to claim UC . As the gateway conditions do not apply in the full service areas a new claim for income based JSA/ESA for new or worsening condition is just not possible.

In terms of what would happen should the MR go in her favour, or she goes to appeal and is successful,  I suspect that she will have to remain on UC.  While technically ESA would not require a new claim to put into payment, I cannot see a local authority accepting a new claim for HB.

Had she sufficient funds to cover the mandatory reconsideration period, then she could have been okay, her HB could technically continue on nil income and ESA could be reinstated either because the MR goes in her favour or while she appeals the decision.