Uc/esa query

Tattycat6

I am helping a friend with her benefits and would like some advice (thank you all for your advice about my other query earlier in August - this is a different friend).

My friend was in receipt of IB ESA Support Group until August 2018 when she was awarded 0 points following her assessment. She was not in receipt of PIP.

She put in a Mandatory Reconsideration and claimed UC (supplying Fit for Work Notes). Her Mandatory Reconsideration was unsuccessful so she put in an Appeal. She has received the standard single person element of UC since August 2018.

Her ESA Appeal today was successful and she has been put back into the ESA Support Group. She understands that she will now have to remain on UC

What she would like to know is:-

1. How much back-dated ESA payments should she receive based on the 52 weeks that have elapsed since her ESA ended?

2. Will she automatically now receive the LCWRAG element of UC or will she have to go for another assessment under UC to receive this?

Many Thanks.

calcotti

She should receive the LCWRA element in her UC backdated to the start of her UC claim.

I infer that although she has been supplying a Fit Notes (for a year?) she has not had a UC WCA.

Alice_Holt

For the LCWRA addition to be added to her UC claim, manual intervention by the DWP is required.
She may need to chase the DWP to ensure ESA pass the correct documentation to their UC colleagues.
Starting with a note on her journal, a chat to her work coach, she may also need to supply UC wiith a copy of her TS decision notice. She may need to be politely persistent!

bigbill

On UC the Support Group is at a higher rate than under ESA so if all goes to plan about £75 weekly for 52 weeks could be due?

Tattycat6

No. she has not had an assessment since she claimed UC.

11krage

Oh boy. Just like to warn you, it could take a while for the decision to be put onto UC. What's supposed to happen is ESA is supposed to send an official instruction to UC. This goes into the main email box and is then forwarded onto the case manager's handovers. The issue is the average time from appeal date to ESA actually sending this instruction to UC is around two or three months. Though please rest assured that once it's put onto the system, if she's owed any underpayment it will be backdated to the appropriate date.


If your friend has any current debt to other benefits (they can find this out by contacting debt management if they're unsure) the underpayment should be forwarded to debt management to pay down these debts before anything left goes to the claimant. Just in case your friend is expecting the whole lot and also owes tax credits or another benefit a few thousand.


When ESA appeals overturn decisions the prognosis (length of time until a review is needed) is usually some time in the future after appeal. I would assume the length of time the decision is valid should be in the appeal information. After the decision expires your friend would then be referred for a work capacity assessment.


Not sure why they weren't referred yet if they've been supplying constant fit notes, and aren't working. Could be a wca form was sent to her and she didn't return it in time (could've even been lost in the post). They can take a long time to re-refer after those things happen. Either that or the case manager is swamped.

Tattycat6

Thank you all for your advice.

She has no debts to other benefits.

She has not received a WCA Form since she started claiming ESA (I would know as she would ask me to fill it in for her!). She has been attending the Job Centre on a monthly basis and her adviser told her that the DWP would wait before sending her a WCA Form until her Appeal had been heard. Her current Fit for Work Note expires in November 2019.

calcotti

Tattycat6 wrote: »

She has been attending the Job Centre on a monthly basis and her adviser told her that the DWP would wait before sending her a WCA Form until her Appeal had been heard.

Very sensible of DWP to wait pending appeal decision but sadly sensible is not what we expect! Let’s hope she will be left alone for a bit before they want another WCA.