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Thread: ESA Tribunal Won but on Universal Credit - what happens now please?

  1. #11
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    Thanks very much. What a performance eh?
    When she was taken off ESA the Citizen's Advice said she could only apply for UC.
    Yesterday the DWP said she could have stayed on ESA at a lower rate. I don't think anybody really knows what the rules are in these places.
    We'll do another MR then.
    Thanks again. I'll let you know how we go on.

  2. #12
    Senior Member nukecad's Avatar
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    They are both correct - in their own way.

    CAB were correct that she had to claim UC if she wanted any benefit money coming in.
    If she could stand a few weeks/months without benefits (apart from her DLA) then she didn't have to claim UC.

    DWP were correct that she could technically have stayed on ESA - but without any benefit money for a while. (apart from her DLA).
    They don't pay ESA during the time that you are having a MR, which can be weeks or even months.
    If she hadn't claimed UC then she could have gone back onto assessment rate ESA (£73.10/week) once the court had accepted her appeal after the MR had been done.
    (Although many at the DWP phone lines will say you can't do that, they are poorly trained).

    It's a case of if you can afford to live without benefits during an ESA MR; if not then you have to claim UC to get benefits paid.
    Once you have claimed UC you can't go back to ESA. (Unless you had an entitlement to SDP which is what I was checking above).

    So, yes it's MR/appeal time again, this time on the UC WCA decision, at least UC doesn't stop during a MR.
    Hopefully the tribunal decision for ESA may help with the MR for UC.
    Last edited by nukecad; 16-01-20 at 17:05.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  3. #13
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    Yes looking back if she could have afforded to not sign up for UC she would have been in a better position.
    Anyway I've asked if the UC WCA has interfered with the Tribunal and why she still hasn't received any back pay. I'll keep you posted.
    Last edited by MBP; 19-01-20 at 01:04.

  4. #14
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    She won the ESA appeal and was awarded back pay and increased UC payments (no return to ESA) and as far as we can tell this will now be the case for 24 months. It looks like the UC assessment has been cancelled. I'll keep you posted ????

  5. #15
    Senior Member nukecad's Avatar
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    Quote Originally Posted by MBP View Post
    It looks like the UC assessment has been cancelled. I'll keep you posted ????
    You can ring CHDA (not the DWP) and ask them where the assessment process is up to.
    If it's been cancelled/recalled by the DWP then they will tell you so.

    That's correct about UC, once on it there are only a very few exceptional circumstances where you can go back onto old benefits after claiming UC.
    That's only if it later turns out that the UC claim was actually invalid in law.
    (Eg if the claimant previously had SDP, which a tribunal decision meant was restored up to the date of claiming UC, then that UC claim would become invalid and old benefits would by law have to be restored).
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  6. #16
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    Yes it was cancelled. We went to the JC and her work coach cleared her appointments for two years. Thanks for your help. I hope our experience helps others. I would advise taking these things all the way to the tribunal. They were very reasonable and understanding.

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