Remaining on IR-ESA subject to appeal rather than claiming UC

Another UC/ESA query.

The claimant is a single woman with no dependent children. She has been in receipt of IR-ESA. She has recently been re-assessed and found not to have limited capability for work. The decision was made on 9 May 2016. A request for Mandatory Reconsideration has been made.

The claimant receives DLA.

The claimant’s Post Code is SW1V 2.

The claimant does not want to claim IB-JSA or UC (if applicable) whilst waiting for the decision on her request for MR.

She would prefer to go back on ESA, at the reduced rate, once the outcome of the MR request is known – assuming it is negative we will appeal.

As far as I can tell her Post Code does not fall into a fully digital area for UC. The GOV.UK site does state:

Universal Credit is now in every jobcentre across Great Britain for single jobseekers.

My question is that there remains nothing preventing a claimant in these circumstances going back onto IR-ESA whilst awaiting the outcome of an appeal where they have not claimed UC or IR-JSA?

You’re quite right she’s not in a digital area and as she has a MR outstanding and gets DLA she would not eligible to claim UC. So there will be no problem her going back on to ESA (or indeed with her claiming JSA in the interim if she changes her mind)