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ESA claiming JSA/UC when waiting for madatory reco
- Bill24chev
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7 years 9 months ago #162563 by Bill24chev
ESA claiming JSA/UC when waiting for madatory reco was created by Bill24chev
My Wife, currently in support group and receiving Contributory Based ESA, she has her review WCA on the 18th.July
Support Group was awarded on Appeal, she got Nil points on her first WCA.
We are in a full service Universal Credit area so i think She/We would have to claim UC. but my Armed Forces Pension and War Disablement Pension would be taken into account.
War disablement pension currently disregarded by LA for HB
If she fails WCA would ESA ( and HB) be reinstated following MR and request for an appeal. or would we remain on Universal Credit?
also
Would ESA and HB be restored following a successful MRor appeal?
I believe that I would also qualify for the support group if I was required to have a WCA. we were receiving IS in lieu of Incapacity Benefit for my Disabilities until wife started work two or three years before she was placed in Support Group
We both get DLA me at middle rate care and wife at higher rate Care & Mobility.
I believe i would get the Enhanced rate of PIP Care and Mobility if I applied now but don't want to lose my current DLA by notifying a change of circumstances for DLA which will start a PIP application and I then have unsuccessful PIP claim.
Support Group was awarded on Appeal, she got Nil points on her first WCA.
We are in a full service Universal Credit area so i think She/We would have to claim UC. but my Armed Forces Pension and War Disablement Pension would be taken into account.
War disablement pension currently disregarded by LA for HB
If she fails WCA would ESA ( and HB) be reinstated following MR and request for an appeal. or would we remain on Universal Credit?
also
Would ESA and HB be restored following a successful MRor appeal?
I believe that I would also qualify for the support group if I was required to have a WCA. we were receiving IS in lieu of Incapacity Benefit for my Disabilities until wife started work two or three years before she was placed in Support Group
We both get DLA me at middle rate care and wife at higher rate Care & Mobility.
I believe i would get the Enhanced rate of PIP Care and Mobility if I applied now but don't want to lose my current DLA by notifying a change of circumstances for DLA which will start a PIP application and I then have unsuccessful PIP claim.
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- Gordon
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7 years 9 months ago #162580 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA claiming JSA/UC when waiting for madatory reco
Bill
If your area is now "Full Service" in regard to UC, then your wife would have to claim UC if found Fit for Work.
If an appeal is successful and she is eligible to receive ESA(CB) then she will receive this, but if not eligible then she would remain on UC.
HB is part of UC if the claimant is receiving it.
I'll warn you that there have been problems in the Full Service areas with HB where the claimant is not claiming UC, which is not an uncommon situation, where the LA is saying that HB can only be claimed via UC and the DWP are saying that the claimant can't claim UC because they don't receive what we used to refer to as Income Related benefit. Apparently UC has not been designed to handle this situation.
Gordon
If your area is now "Full Service" in regard to UC, then your wife would have to claim UC if found Fit for Work.
If an appeal is successful and she is eligible to receive ESA(CB) then she will receive this, but if not eligible then she would remain on UC.
HB is part of UC if the claimant is receiving it.
I'll warn you that there have been problems in the Full Service areas with HB where the claimant is not claiming UC, which is not an uncommon situation, where the LA is saying that HB can only be claimed via UC and the DWP are saying that the claimant can't claim UC because they don't receive what we used to refer to as Income Related benefit. Apparently UC has not been designed to handle this situation.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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