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Claiming U/C whilst appealing

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6 years 7 months ago #219474 by Gordon
Replied by Gordon on topic Claiming U/C whilst appealing
micksville

No, I meant what I said :)

So, the appeal is for ESA so while you are waiting for a hearing it will have no effect on a UC claim.

The result of the ESA appeal will be mirrored into UC, so as an example; if awarded the SG then this will result in an LCWRA award.

However, the assessment being carried out as part of the UC claim will result in a new and later Decision which will supersede the Tribunal Decision, whatever it is.

Gordon

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6 years 7 months ago #219475 by micksville
Replied by micksville on topic Claiming U/C whilst appealing
But you would still receive payment at the assessment rate whilst appealing. albeit under a UC claim That's what i was meaning. It wouldn't be a case of not having any payment at all whilst waiting fora hearing?

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6 years 7 months ago #219477 by Gordon
Replied by Gordon on topic Claiming U/C whilst appealing

micksville wrote: But you would still receive payment at the assessment rate whilst appealing. albeit under a UC claim That's what i was meaning. It wouldn't be a case of not having any payment at all whilst waiting fora hearing?


No, it would be the relevant UC rate, for a single person it would probably be the same, there is no concept of an assessment rate under UC.

Gordon

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6 years 7 months ago #219479 by micksville
Replied by micksville on topic Claiming U/C whilst appealing
ok Thanks Gordon. I see what you are getting at now. UC computer system doesn't recognise an assessment rate as such but would pay relevant UC rate whilst appealing. I know the rules and rates for WRAG group changed about 2 years back putting payment in line with a JSA payment amount. So UC will only recognise a JSA type UC payment an ESA WRAG or ESA (SG) UC payment but not an assessment phase as such. Beggars the question then if someone made a fresh ESA claim under UC what payment rate and criteria would they be subject to whilst waiting for an initial assessment.

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6 years 7 months ago #219480 by micksville
Replied by micksville on topic Claiming U/C whilst appealing
Sorry once again Gordon Penny has just dropped after reading some of the UC managed migratio rules. You seem to be saying thatthere might be a new and fresh Work Capability assessment when moving over to UC and that assessment's decision would supersede any tribunal decision made from the original ESA appeal Now have I got it?:( :( :(

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6 years 7 months ago #219495 by Gordon
Replied by Gordon on topic Claiming U/C whilst appealing

micksville wrote: Beggars the question then if someone made a fresh ESA claim under UC what payment rate and criteria would they be subject to whilst waiting for an initial assessment.


It would be the relevant UC rate. It's always the relevant rate.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: micksville

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