- Posts: 446
× Members
Claiming U/C whilst appealing
- micksville
- Topic Author
- Away
Less More
5 years 11 months ago #219455 by micksville
Claiming U/C whilst appealing was created by micksville
If you live in a “full service” area for UC, you will not be able to claim JSA while awaiting a mandatory reconsideration notice or revert back to ESA once you have lodged your appeal. You will need to apply for UC instead.
Copied the above from your ESA Appeals resource page but am a little unclear about it. As all areas will go Full U/C next year and in the event I may need to appeal an ESA decision (Hopefully not) If you have had MR but don't agree with outcome and wish to appeal you then have to claim U/C.But what form does that take? Do you claim the ESA assessment phase rate under the umbrella of U/C? In other words is the scenario the same as under the old rules in that you can claim a kind of sickness element of U/C whilst appealing and rather than a JSA element meaning you must seek work and all the other things incumbent on Job seekers? How exactly would this work?
Copied the above from your ESA Appeals resource page but am a little unclear about it. As all areas will go Full U/C next year and in the event I may need to appeal an ESA decision (Hopefully not) If you have had MR but don't agree with outcome and wish to appeal you then have to claim U/C.But what form does that take? Do you claim the ESA assessment phase rate under the umbrella of U/C? In other words is the scenario the same as under the old rules in that you can claim a kind of sickness element of U/C whilst appealing and rather than a JSA element meaning you must seek work and all the other things incumbent on Job seekers? How exactly would this work?
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51290
5 years 11 months ago #219466 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Claiming U/C whilst appealing
micksville
There are several differences between the old style benefits and UC;
While waiting for an MR - Under JSA you can provide a Fit Note and be excused from your Claimant Commitment for up to 13 weeks. Under UC it is only four weeks but you can ask to be assessed for Limited Capability for Work (basically ESA) and this should excuse you from any work requirement.
While waiting for an appeal - Under the old system you have two options, continue with the JSA claim but you will have to fulfil a Claimant Commitment, alternatively, you can claim the ESA assessment rate which obviously has no commitment.
UC will not recognise the ESA appeal, although it will any award made from it, so you would need to continue with the LCW assessment, this will result in a new Decision on your Fitness to Work which will supersede the Tribunal result. You will not need to work or to seek work during this time.
Gordon
There are several differences between the old style benefits and UC;
While waiting for an MR - Under JSA you can provide a Fit Note and be excused from your Claimant Commitment for up to 13 weeks. Under UC it is only four weeks but you can ask to be assessed for Limited Capability for Work (basically ESA) and this should excuse you from any work requirement.
While waiting for an appeal - Under the old system you have two options, continue with the JSA claim but you will have to fulfil a Claimant Commitment, alternatively, you can claim the ESA assessment rate which obviously has no commitment.
UC will not recognise the ESA appeal, although it will any award made from it, so you would need to continue with the LCW assessment, this will result in a new Decision on your Fitness to Work which will supersede the Tribunal result. You will not need to work or to seek work during this time.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- micksville
- Topic Author
- Away
Less More
- Posts: 446
5 years 11 months ago #219469 by micksville
Replied by micksville on topic Claiming U/C whilst appealing
Not quite sure what you mean by this so to clarify Gordon,under UC if an appeal was ongoing because of being found fit to work, one would need to get a doctors note ( fit note or whatever) and apply to be on what is effectively the WRAG group whilst the appeal is pending ? One wouldn't be required to seek work but could be subject to some work related activity within the parameters of that person's sickness or disability Is that correct
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51290
5 years 11 months ago #219471 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Claiming U/C whilst appealing
micksville
Yes, that's a good way of describing it.
Under UC everybody has to have a Claimant Commitment even if they have LCWRA (SG status), obviously tailored to the claimant.
You haven't mentioned it being relevant but another difference is that UC is claimed as a couple, so a partner can be required to work or to seek work if they are not already doing so.
Gordon
Yes, that's a good way of describing it.
Under UC everybody has to have a Claimant Commitment even if they have LCWRA (SG status), obviously tailored to the claimant.
You haven't mentioned it being relevant but another difference is that UC is claimed as a couple, so a partner can be required to work or to seek work if they are not already doing so.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- micksville
- Topic Author
- Away
Less More
- Posts: 446
5 years 11 months ago #219472 by micksville
Replied by micksville on topic Claiming U/C whilst appealing
To quote from your reply Gordon
"UC will not recognise the ESA appeal, although it will any award made from it, so you would need to continue with the LCW assessment, this will result in a new Decision on your Fitness to Work which will supersede the Tribunal result. You will not need to work or to seek work during this time".
I think you meant to say" will supersede the fit to work decision" NOT Tribunal Result. That is what was confusing me. The LCW ( i.e. ESA WRAG in all but name) wwould kick in whilst the appeal is ongoing so one would have to engage withwork related activity but not seek work whilst appeal is ongoing and ESA WRAG is effectively same amount of payment as JSA Correct?
"UC will not recognise the ESA appeal, although it will any award made from it, so you would need to continue with the LCW assessment, this will result in a new Decision on your Fitness to Work which will supersede the Tribunal result. You will not need to work or to seek work during this time".
I think you meant to say" will supersede the fit to work decision" NOT Tribunal Result. That is what was confusing me. The LCW ( i.e. ESA WRAG in all but name) wwould kick in whilst the appeal is ongoing so one would have to engage withwork related activity but not seek work whilst appeal is ongoing and ESA WRAG is effectively same amount of payment as JSA Correct?
Please Log in or Create an account to join the conversation.
- micksville
- Topic Author
- Away
Less More
- Posts: 446
5 years 11 months ago #219473 by micksville
Replied by micksville on topic Claiming U/C whilst appealing
Thankfully Gordon I happily divorced my missus years ago and haven't found anyone daft enough to live with me since so the couples thing is entirely academic in my case.
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David