Login FormClose

Free, fortnightly PIP, ESA and DLA Updates

Our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare. Our mailing list is securely managed by icontact in the US.
Welcome, Guest
Username: Password:
Remember me
Members
  • Page:
  • 1
  • 2

TOPIC: Claiming UC while waiting for ESA tribunal

Claiming UC while waiting for ESA tribunal 6 months 1 week ago #209822

Hi,

Thank you

I just don’t understand how this is fair though, How can she appeal one benefit, be told to go on to another in the meantime while awaiting appeal, they then ask her to do a work based questionnaire say that she is not eligible for any higher payments and she then has to appeal that decision also. Why is she having to duplicate running another appeal when she was told to go on to UC because ESA no longer exsists anyway? This all makes no sense.

Surely if UC say she is not eligible and then the appeal for ESA happens after this the decision the tribunal make should be reflected on UC also as it is all part of the same/change over benefit?

Thank you, Jade

Please Log in or Create an account to join the conversation.

Claiming UC while waiting for ESA tribunal 6 months 1 week ago #209824

  • Gordon
  • Away
  • Posts: 39119
Jade

Forgive me but you are not reading what I have posted :(

A Tribunals Decision applies from the same date as the Decision that was appealed, so if the original Decision was in January for example, then the Tribunals Decision will also apply from January.

The UC Decision will always be after the Tribunals one even if the hearing for the appeal is after it.

The UC Decision will supersede the Tribunals one. This is how Social Security law operates.

Gordon

Please Log in or Create an account to join the conversation.

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

Claiming UC while waiting for ESA tribunal 6 months 1 week ago #209833

Hi,

So sorry 

I just don’t understand how it is fair  If my mother is appealing the original ESA decision for enhanced payments and has had to claim UC in the meantime (she has claimed standard UC rate) she has then been requested to complete a work based questionnaire and they gave her no additional award, Do you mean to say that even when it goes to tribunal and if they award her with enhanced payments for her original ESA these will not reflect on to the UC award she currently gets unless she appeals that one?

What if she completes the questionnaire and she is awarded enhanced payments through UC?

Thank you, Jade

Please Log in or Create an account to join the conversation.

Claiming UC while waiting for ESA tribunal 6 months 1 week ago #209842

  • Gordon
  • Away
  • Posts: 39119
Jade

So any Decision from the ESA appeal will cover the period from when her ESA stopped to the date of any Decision on her UC claim and then UC Decision will be carried forward.

So the appeal .Decision will be reflected in her UC claim.

If she receives an LCWRA (SG) award from her UC assessment then this is the award that will be carried forward.

Gordon

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
  • Page:
  • 1
  • 2
Moderators: bro58GordonMrs HurtybackIzzy1010LisaJenny Clarke