Got my ESA Tribunal Date but also have WCA for Universal Credit

Csmk

Wait a second, the post stating your WCA for UC will override the tribunal is incorrect.

There a specific rules that if you had ESA support group (or WRA group for that matter) immediately before claiming UC, then your UC will include the LCWRA element from the first payment.

In other words, if successful at Tribunal, your limited capability for work will be transferred to the UC award. The DWP should revise your entitlement and discontinue the WCA or revise any decision on the WCA if you're found fit for work before a successful Tribunal.

If you need me to post the Regulations confirming this then will do. But if UC refuse to revise the award, then you should send a complaint to them.

Csmk

Oh and your ESa would only be backdated to the day prior to making a UC claim if you're successful at appeal.

Again, the post stating the pre-April 2017 extra money is only applicable if you were getting the work related activity group, because after this date, the WRA group no longer provides an extra amount on benefit if it's the first time you're placed in this group. If you had been getting the WRA group from April 2017 then you can continue to be paid the extra amount for this even after April 2017 (until the day before your UC was claimed and submitted)

Csmk

Sorry to keep posting, just to add if you get a WCA decision before your tribunal and you're found fit for work, you should ask your work coach for an easement on your job seeking conditions on the ground that you have complex needs because of your health. They should cater for this based on their guidance. They may reduce your conditionally or prevent work seeking conditions for a limited time and offer further support in managing your claim, at least while waiting for your tribunal outcome. Again, if they don't do this, you could send a complaint citing failure to provide reasonable adjustments under the Equality Act on grounds of disability.

poppy12345

Csmk wrote: »

Wait a second, the post stating your WCA for UC will override the tribunal is incorrect.

There a specific rules that if you had ESA support group (or WRA group for that matter) immediately before claiming UC, then your UC will include the LCWRA element from the first payment.

In other words, if successful at Tribunal, your limited capability for work will be transferred to the UC award. The DWP should revise your entitlement and discontinue the WCA or revise any decision on the WCA if you're found fit for work before a successful Tribunal.

If you need me to post the Regulations confirming this then will do. But if UC refuse to revise the award, then you should send a complaint to them.

I'd like to see those regulations please and also proof about the WRAG component and back dated money only being paid up until the day that UC was claimed.

Csmk

The Universal Credit (Transitional Provisions) Regulations 2014 Reg 19 provides for the ESA determination to transfer over to UC, in particular Reg 19(6).

The backdated money for ESA has to end because the award is terminated on claiming UC. If a claimant is getting ir-ESA whilst getting UC, then there'll be an overpayment or at least a reduction in the UC award. The ESA termination is confirmed in The Welfare Reform Act 2017 commencement order no 9 Sec 4.

Ah but I am wrong about the work related activity group; if a claimant has been gettin LCW since 3rd April 2017, then there will be an extra payment in the UC award. But only if the Tribunal appeal is successful and award the WRA group (then the transitional provisions regs kick in). Apologies I only give advice to claimants who are normally automatically LCWRA so little rusty on the LCW!

poppy12345

The decision on the new WCA will supersede the Tribunal decision but if the Tribunal decision comes before that then sending evidence of that decision may help.



We have some very knowledgeable people that post regularly here on MSE with calcotti being one of them. I'm sure they'll comment once they see this.

Csmk

The transitional provisions Reg 19 are further confirmed in The Welfare Reform Act 2017 commencement order no 9 sec 24 also (see 24(3) In particular.

The DWP Guidance in: Advice for decision maker's Memo M6: paragraph M6195 and M16196 also confirms this.

The WRA or Support group is definitely transferred on a successful appeal and a claimant should not have to go for another WCA unless there is a new condition, change in the existing condition or there is a review (which isn't done just on the basis of claiming UC)

Csmk

Welfare reform act 2012! Not 2017, don't know what's wrong with me this morning!

Search The Welfare Reform Act 2012 (commencement order No 9 and transitional and transitory provisions and commencement order No 8 and Saving and Transitional Provisions (Amendment)) Order 2013.

calcotti

If the tribunal decision is in favour of OP and they get put in Support Group then they will indeed be entitled to the LCWRA element from the start of their UC claim. However the DWP can still, in my opinion, carry out a new WCA, I can't see anything to prevent this and it is happening frequently with UC claims. If this new WCA does not find OP to have LCWRA the LCWRA element will end - although OP can then MR and appeal the decision.

The new WCA does therefore override the tribunal but can only do so from the date of the new WCA decision.

poppy12345

calcotti wrote: »

If the tribunal decision is in favour of OP and they get put in Support Group then they will indeed be entitled to the LCWRA element from the start of their UC claim. However the DWP can still, in my opinion, carry out a new WCA, I can't see anything to prevent this and it is happening frequently with UC claims. If this new WCA does not find OP to have LCWRA the LCWRA element will end - although OP can then MR and appeal the decision.

The new WCA does therefore override the tribunal but can only do so from the date of the new WCA decision.

Thanks for that, that's exactly what i thought because i couldn't find anything that said any different either.