income-ESA claimant with SDP, change of local authority - moving to UC

Hi B&W forum,

I have two questions about reviews/appeals of an ESA decision just before or after it has ended.

Applicant in receipt of income-ESA with Severe Disability Premium, PIP at higher rate, in receipt of Housing benefit. In the last month have moved to a different local authority, old LA housing benefit claim stopped with the move, so my understanding (their is not exemption for SDP recipients, post 27Jan2021) the only way for assistance with housing costs is via Universal Credit (UC). Applying for UC will end the incomebased ESA.

DWP did not process or assess if I can still receive SDP at my new address, so reduced entitlement. After raising this to their attention this is being processed in their own time. Apart from address&landlord, circumstances are identical as before so SDP should be put back in place.

I understand that to receive the "SDP transitional element" in UC, the claimant has to be receiving the SDP element.

1) In this situation should a UC application be made before this outstanding SDP review has completed? Or wait till DWP has reviewed the SDP before applying to UC? I am concerned the ESA claim will be closed once the UC application is made and the review of the SDP will be moved from the to-do pile to the bin, if it is for a claim being closed.... Thus leaving the UC claim ineligible for the "SDP transitional element" as the ESA claim has closed without SDP.

Of course every day waiting to apply for UC means no housing assistance can be received and opens up the challenge of backdating a UC claim.

2) On review of the eligibility criteria of LCW & LCWRA groups for UC, I believe that the last assessment for ESA (back in early 2018) incorrectly placed into the LCW rather than the support group. The receipt of PIP (enhanced daily living) is primarily because of the problems that leads to the eligibility criteria described as Activity 13: Coping with social engagement, due to cognitive impairment or mental disorder. Since the assessment into the LCW group in early 2018, not a single letter, in-person or telephone meeting has come from DWP/jobcentre to carry out the "related-activity" this group should apparently be carrying out. I believe this is because of being in the support group in all but name.

So can a retrospective reconsideration be made of an active ESA claim? A record was kept of the evidence provided at the time of the assessment, and this demonstrated the reason for the receipt of PIP(enhanced) and thus how the health assessment may have overlooked the inclusion in the support group
And what if the ESA is no longer active, can a retrospective reconsideration be made? This is in the event of an application to UC, thus automatic closure of the ESA claim. Presumably this would need to be made within a month of the written notice ending the ESA claim.

Thank you for your invaluable advice.

Thank you, I am trying to speak to someone as suggested.

Does anyone have any comment on asking for a review of an award level some time after an ESA medical assessment was made but with the award still active? Is that possible?