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ESA and UC
So UC is coming to our area on 7th July 2014
So if a client fails a WCA after that date do they have to claim UC as JSA will no longer be available whilst applying for MR?
What happens if the MR is unsuccessful and they lodge an appeal - can they claim ESA assessment rate pending the appeal or are they “locked into” UC because it is a “lobster pot” benefit?
What happens if the MR or appeal is successful - can they go back on ESA?
So no one knows the answer then?
We have discussed it here! If we’ve gone along the right lines we thought -
Yes, if they fit into the “Gateway” group they will claim UC
But that excludes lots of people and very few of our clients would come into that group - may be different for you.
If they then appeal, we think, only think mind, they would probably have to stay on UC due to lobster potting.
If they win the appeal, we probably think (you can see how sure we are of any of this…) they would still be on UC but with a LCW/LCWRA element.
We are entirely willing to be proved wrong on this by the way. And we’re not a UC area and have no idea when we might be, I’m not sure DWP is entirely convinced that Northumberland actually exists.
Interesting question.
CAB website has some info here http://www.adviceguide.org.uk/england/benefits_e/benefits_welfare_benefits_reform_e/benefits_uc_universal_credit_new/benefits_uc_universal_credit_who_can_get_it/benefits_uc_special_conditions_in_the_pathfinder_areas/uc125_uc_and_other_benefits_in_the_pathfinder_area.htm
My reading of that is that claimant would not be able to claim UC during MR period, as they will be waiting to hear on their ESA claim, therefore, presumably they will still have to claim Jobseeker’s. Maybe one of the reasons why the clause giving discretion not to accept a UC claim was inserted?
The gateway conditions include declaring yourself to be fit for work and not having a sicknote: Para 2(3) of schedule 5 of the No 9 Commencement Order (as recently amended).
I got this answer for the DWP
“With regarding to your question – There is a question as part of the quick check section of the online claim that asks “Are you challenging or appealing against a decision not to pay you one of these benefits?” and ESA is listed here. In your scenario below the claimant would answer “Yes” , which would mean that they wouldn’t come in to UC but would go down the legacy route (JSA?) and business as usual processes would take over”
I got this answer for the DWP
“With regarding to your question – There is a question as part of the quick check section of the online claim that asks “Are you challenging or appealing against a decision not to pay you one of these benefits?” and ESA is listed here. In your scenario below the claimant would answer “Yes” , which would mean that they wouldn’t come in to UC but would go down the legacy route (JSA?) and business as usual processes would take over”
Phew!
The gateway conditions include declaring yourself to be fit for work and not having a sicknote: Para 2(3) of schedule 5 of the No 9 Commencement Order (as recently amended).
Can anyone tell me where schedule 5 can be found? It is referred to in several places but SI 983/2014 only has schedules 1-4 that I can see
Can anyone tell me where schedule 5 can be found? It is referred to in several places but SI 983/2014 only has schedules 1-4 that I can see
The gateway conditions are in Schedule 5 to the No 9 order inserted by article 16 of the WRA 2012 (Commencement No. 9, 11, 13, 14 and 16 and Transitional and Transitory Provisions (Amendment)) Order 2014 -
( that is article 16 of: http://www.legislation.gov.uk/uksi/2014/1452/contents/made )
The gateway conditions are modified from 30 June by today’s regs..
The Welfare Reform Act 2012 (Commencement No. 9, 11, 13 14, 16 and 17 and Transitional and Transitory Provisions (Amendment)) Order 2014 .. see
http://www.legislation.gov.uk/uksi/2014/1661/contents/made
The transitory and transitional provisions for UC seem to be getting a little be convoluted for such a small number of claimants.
Thanks a lot Jon, couldn’t see for looking
[quote author=“Jon Blackwell” date=“1403879068
The transitory and transitional provisions for UC seem to be getting a little be convoluted for such a small number of claimants.
To put it mildly, my desk is disappearing under paper and my manager is frowning every time he hears the printer go off again.