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TOPIC: Claiming UC while waiting for ESA tribunal

Claiming UC while waiting for ESA tribunal 2 weeks 3 days ago #209758

Hi,

My mum has been referred to claim UC while waiting for her ESA tribunal as ESA is no longer available in her area. Following the cross over she has had additional payments for incapability allowance stopped which is what we are appealing.

She is on the basic allowance for UC and has received an application form to complete to advise her health conditions so UC can determine if they are paying her the correct amount.

Why does she have to complete this form when she is in the middle of waiting for a tribunal date for the exact same thing that has been stopped on her ESA?

I feel like we are going round in circles with this whole system.

If she gets an additional allowance approved while on UC what will then happen to her ESA tribunal?

Confused as hell.

Thank you for your help, Jade

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Claiming UC while waiting for ESA tribunal 2 weeks 3 days ago #209761

Jade

As she has been found Fit for Work, the only way she can receive the UC is for her to seek work or be assessed to see if she is unfit to do so.

If her appeal results in an award then she will receive any missed payments from the date of the ESA Decision to the date of the one for her UC claim. Having made a claim for UC she cannot now return to ESA.

Was this a first claim for ESA or did she have an award and was reassessed? If she did, do you know how she qualified before?

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Claiming UC while waiting for ESA tribunal 2 weeks 3 days ago #209774

Hi,

If the appeal results in an award will the decision also then be reflected to her claim for UC and she will receive the higher award payment moving forward as well as the back payments from ESA?

My worry is that she is going through an appeal with ESA to then only go through the whole cycle again with UC when she was told to claim UC while pending the ESA decision however she has now been told she will not go back onto ESA regardless as UC has replaced it ,therefore I am presuming it replaces everything that goes with it?

I am unsure why she is having to complete the health questionnaire for UC when this is the exact reason she has been appealing with ESA?

She had an award for ESA and was then reassessed, She qualified before by simply completing the questionnaire and did not have to have a health assessment for 4 years.

Thank you, Jade

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Claiming UC while waiting for ESA tribunal 2 weeks 2 days ago #209788

JAde

Whilst an ESA award from the appeal will be reflected in a similar award in UC, unless the assessment process that they have started is withdrawn, which I would not expect, then the new Decision that will result will supersede the Tribunal award.

ESA (and UC) has very specific criteria, you need to understand how she qualified previously if you are going to have any hope of her winning her appeal. See our ESA Claim guides (they also cover UC).

www.benefitsandwork.co.uk/help-for-claimants/esa1

Gordon

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Claiming UC while waiting for ESA tribunal 2 weeks 2 days ago #209804

Hi,

Her tribunal is not set to be heard for at least 30 weeks against her ESA appeal for higher payments because she is not capable of working.

If once completed the health assessment form and they award her the higher payments through UC will the tribunal still go ahead and if she is not awarded them is there still a chance of it being overturned at appeal because the appeal date will most likely be after that of the decision for higher payments on UC.

My concern is she is having an appeal because she was stopped to receive the higher payment of ESA now she is having to complete a health form for UC if she fails that will we have to do another appeal along side the ESA one we are currently doing? Surely not? As we were told to claim UC whilst awaiting the result of the ESA only to be told now she will never go back onto it anyway.

It is all so confusing and stressful :(

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Claiming UC while waiting for ESA tribunal 2 weeks 2 days ago #209815

JAde


It is important that you understand that a Tribunal re-makes the Decision that is being appealed and that their Decision applies from the same date, the UC assessment makes a new Decision that supersedes any previous ones from the date that it is made.

So if the UC Decision is made before the appeal is heard then the appeal will continue, but any Decision it makes will be limited by the UC one. If the UC Decision is an adverse one then she would have a new right of appeal and yes, this could mean that she has two appeals running in parallel.

Gordon

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