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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Claimants can only claim cont ESA via UC system in full service areas???

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Daphne
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Hi

I have had it brought to my attention by Maggie’s centres that claimants in UC full service areas are being told by the ESA claim line that they cannot claim contributory ESA that way - they must do it via the UC system - even where the claimant only wants to claim contributory ESA as income/savings preclude means-tested benefits.

This seems madness! I have raised it with operational stakeholders and await a reply but has anyone else in the full service area had experience of this?

I am aware of the general difficulty in claiming contributory benefits alongside UC - http://www.rightsnet.org.uk/forums/viewthread/9810/ and other threads - but this is the first time I have heard this predicament.

Any info gratefully received - will update if I hear anything further…

Brian S
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Lancashire County Council Welfare Rights Service

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interesting - full service coming to Lancaster and Morecambe 27/7/16. Attended DWP briefing on its introduction only last week and the clear message given was that Contribution Based claims would continue to be handled via the 0800 number. Mixed messages eh? who would have thought it!!

Daphne
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Mmm - does sound like a mixed message - my source at Maggies centre says ELA claim line will not accept any claim if postcode falls in full service area. I think it is wrong - cont ESA must be claimed separately and advice you have fits better - will be interested to hear how things progress for you…

Damo
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We are getting the opposite problem here in Bath - ESA claimants told they can’t claim UC and must claim HB - its madness. I have pointed our Jobcentre to the relevant commencement order to no avail. Does anyone know any legal reason why an ESA claimant would not be able to claim UC if they have bona fide schedule 4 housing costs?

Daphne
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that is madness! - noone should be allowed to claim housing benefit other than for supported housing (and pensioners) if you’re full service as you say…

Daphne
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I have just had an ESA1 (UC) claim form sent to me - given out via UC dept - appears to be a claim form for ‘new-style’ ESA - no means-test questions on it. Has anyone else had these sent out?

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Daphne
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I have been told that the form attached in the above post is working for people in full service area who want to claim contESA but not UC

grayd
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Halton Borough Council

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Hi all,

We are in a UC area that is due to go fully live from 27/07/2016. At the briefing meeting held recently for external agencies and support groups, I explicitly asked the DWP presenter in front of numerous JCP staff what would happen for new ESA CB claimants under “Full Service” UC. The audience besides local housing association managers and local authority staff and the third sector included local/ regional UC liaison personnel.

The answer was very clear - JCP advice was that in Full Service UC areas no “legacy” benefits could be claimed - the phrase was used that those systems are “switched off”.

I was told, to my surprise that all ESA/ JSA claims based uponcontributions had to be made through the UC digital system.

...interesting!!

Den DANES
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DIAL Lowestoft and Waveney

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We are full service and have had at least two cases where New style ESA alone was awarded as part of a UC claim (no other benefits appropriate)

Daphne
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It does seem then that people are having to make claims through the UC service.

DAB - did you clients get given the form that is attached above or claim another way - online??

SueR (CHDCA)
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Craven, Harrogate and district Citizens Advice

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We are in a ‘full service’ area and were also told at a regional jobcentreplus meeting (in a researched answer to a question I sent in prior to the meeting) that the only way someone could claim ‘new style’ ESA i.e. contribution based version was through UC regardless of whether they had any entitlement to UC.

We are concerned what will happen if for example - a couple is on tax credits and one becomes ill and wants to claim ESA on basis of contributions - if they are better off on TCs than UC - will a claim for UC in order to get ESA stop their TC claim or is there a way of getting ESA without moving into the lobster pot. The form you were sent Daphne sounds hopeful but our regional JCPlus didnt seem to know anything about it.

hkrishna
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We’ve had some feedback that a claimant in a full service area had refused to use UC route, downloaded ESA form from gov.uk (rather than Daphne’s one) and made successful cESA claim. Might be one off though.

annief
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Benefits adviser - Maggie's Centre, Edinburgh

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I had a nightmare appointment with a client trying to claim ESAc via the UC system. After 2 hours and 6 calls to the helpline we still did not have the claim fully completed and they finally made an appointment at Musselburgh job centre to complete the claim with her. I asked if they would also do this identity interview at the same time but was told no, the job centre will phone the helpline to make a further appointment at the job centre so she would come back for this. I advised her to take all her identity details with her just in case she had an understanding work coach that would do it at the same time.
ESA processing teams seem to be happy to accept ESA1s in the full service area, but no one is being told they can claim that way.

seand
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Welfare rights officer - Wheatley Homes

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So where would you send these ESA1’s to? The Benefit Centre that would have been dealing with claims before UC arrived?

annief
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Benefits adviser - Maggie's Centre, Edinburgh

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seand - 04 August 2016 09:45 AM

So where would you send these ESA1’s to? The Benefit Centre that would have been dealing with claims before UC arrived?

yes

Daphne
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Thanks for all the comments above - have been on leave but will collate and send them in to stakeholders and see if any useful information comes back.