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

A scan of the UCJSA1 is attached (this is just for info, I’m not recommending that anyone try to register a claim by just sending it in on spec).

Here is copy of current official DWP policy of how to claim cESA in FS area, from an email sent to adviser in full-service area:

The process for making a New Style Contribution Based ESA or JSA claim is as follows :-

• Call 0345 600 4272
• Go through all the options and wait until the end to speak to an operator (this is because ESA/JSA cont isn’t on as an option as yet)
• Advise you would like to apply for a New Style Contribution Based ‘only’ ESA or JSA Cont claim
• The agent at the Service Centre will take your e-mail address and send you 2 forms – UC ESA 1 or UC JSA 1 and a DP Gen (direct payment form)
• If the claimant cannot receive by e-mail then they can ask for the forms to be posted out
• An appointment will then be booked

Adviser has tried this out and took a lot of holding on the phone and then getting call centre staff to talk to managers (or two), and then having to argue about whether forms could be sent by email only ... ongoing attempts to get this policy embedded in policy (by which time they’ll come up with an IT solution ... maybe).

Further - DWP should be issuing an ‘implementation update ASAP’ to their staff about process above and gov.uk is going to be amended accordingly too.

New guidance for claiming new style JSA under UC system here: https://www.gov.uk/guidance/new-style-jobseekers-allowance

Nothing on gov.uk as yet for ESA.

Guidance page now available from gov.uk for claiming New style Employment and Support Allowance in a UC full service area.

It doesn’t work.  Just had a fun afternoon with Vivaldi.  Claimant in full service area.  No entitlement to UC.  We sent in an ESA1 in September.  Nothing heard despite several chase up calls and confirmation that the form had been received. 

Finally today I got a call back from ESA service centre after another chase up.  They were adamant that they could not deal with claims from full UC areas and directed me to UC. 

So I read the guidance and rang UC full service line as directed in the guidance.  The call handler was very clear it was not their issue.  I advised them on the guidance and they looked at it online but advised they had no instructions about procedure and advised there was nothing they could do.  They did advise me to make the claim at the jobcentre.  I advised this was not possible as claimant in hospice. 

ASH - 08 December 2016 04:06 PM

It doesn’t work.  Just had a fun afternoon with Vivaldi.  Claimant in full service area.  No entitlement to UC.  We sent in an ESA1 in September.  Nothing heard despite several chase up calls and confirmation that the form had been received. 

Finally today I got a call back from ESA service centre after another chase up.  They were adamant that they could not deal with claims from full UC areas and directed me to UC. 

So I read the guidance and rang UC full service line as directed in the guidance.  The call handler was very clear it was not their issue.  I advised them on the guidance and they looked at it online but advised they had no instructions about procedure and advised there was nothing they could do.  They did advise me to make the claim at the jobcentre.  I advised this was not possible as claimant in hospice. 

Sounds like they’ve not got the aforementioned implementation memo but this also reflects the experience of the adviser who I originally got this info from on 28 November - she’d said that when she rang it took at least 2 managers at the service centre to confirm that this is what they should be doing. I’d try calling again, asking for managers if no immediate joy and also making a formal complaint.

The other issue may be with appointeeship - they don’t seem to have worked this out in FS areas as yet from what I’ve heard but the official response I got on enquiry with DWP contact is attached.

I’ll also go back to the advisers who raised this with me and see if they’ve had any better experiences and have any tactics they’d suggest.

Feedback I’m getting from adviser in FS area is that in 10 recent cases they’ve dealt with since this guidance put out, about 50% have got through OK (with some prompting to speak with a manager) and the other 50% are having to be escalated via the local JCP either because of long delays getting through or point blank refusal (including the old denial that cESA still exists under UC). Clearly the practice is yet to become ‘embedded’ at the service centre.

Glenys Harriman has had a response to this question:

Dear Department for Work and Pensions,

Please could you confirm that a person who wishes to claim Contributory ESA or Contribution Based JSA with no UC as “top-up” can do so without going through a Universal Credit claim, using form ESA 1(C) or JSA 1(C) as appropriate.
Or if this is not the case, that there is an opportunity during the UC claims process to explain that it is only the contribution based benefit that is required.

Please could you attach ESA 1 (C) and JSA (1) C to your response.

Thank you

Yours faithfully,

Glenys Harriman

https://www.whatdotheyknow.com/request/esa_1c_and_jsa_1_c_forms#incoming-912830

That’s very useful - I’m going to do a different thread with the forms there for people to download easilly…

In principle at least, should someone in a full service area be able to claim new-style c-ESA, while remaining in receipt of HB?

Scenario is client getting to the end of SSP, already on an existing HB claim. Unless they subsequently end up in the Support Group or take some work, I don’t see any downsides to avoiding UC for 365 days?

Yes I think that is correct: if I understand the tortuous pile of commencement orders and transitional provisions correctly, the act of claiming ESA achieves the following:

- for this person UC now exists
- for this person old style ESA and JSA no longer exist
- s/he may no longer make a new claim for HB (or Tax Credits)
- but any pre-existing HB award continues until the claimant becomes a UC claimant, which means they claim or are awarded UC.  This person faces no compulsion to claim UC if s/he is content to meet his/her living costs from ESA alone, so the HB award is not disturbed by the commencement of ESA(c)

Belated thanks for the reply.
(One side-point I should add - where someone is still within SSP, they may well get a bit more from UC than HB, due to the UC earnings disregard. )

Following stakeholders meeting today they have asked for more case studies where there are problems claiming cont ESA in a full service area - apparently some of changes to gov.uk have come about because of our input but need to keep on pushing to get more changes. So do message me direct with any case studies - don’t need confidential information - just what is happening. Thanks

I had a client last week, entitled to new style ESA only in full service area
Rang number on direct.gov, they refused to accept claim over phone despite them looking at website which indicates you can make claim online, they insisted on posting ESA1 and setting up appt at JCP for initial interview.

We decided it was easier to print off form and take rather than wait, the adviser would not commit to what date of claim would be (today or interview date?)

After re reading this thread not sure if it would have been better to send ESA1 directly to BDC as client very anxious
What a complete shambles…