Back to work?

Tomsdottir

Yes: although you can link periods of limited capability for work for ESA purposes, that doesn't change the rules on claiming income related ESA in a UC full service area. The only groups still able to make a claim are those with 3 or more children or living in "specified accommodation" (for example where you are receiving care and support).

What's also a problem is that there are no linking rules on lcw for UC. You can't claim UC then give up work of 16 hours or more a week that you've been doing for 12 weeks or less, and automatically have the lcw element (or the lcwra element) included in your UC. If you get back onto contributory ESA - the 12 week linking rules still apply there - then that can get your element included again.

There's no need for you to claim UC just because ESA stops (when you do full time work) of course. So you could work, get PIP/DLA, your working tax credit, carer's allowance child benefit and housing benefit.

As you say, the issue becomes a problem if and when you stop work in a UC full service area: you don't get to reclaim income related ESA, period (with the exception of the 3 child/specified accommodation routes).