CONFUDDLED ABOUT A UC AND ESA SUTUATION

abyg76
abyg76 Community Member Posts: 24 Connected
edited October 19 in Employment & Support Allowance (ESA)

Hi All, this is something I have learned today and I need help. I started with a UC claim in Aug 2020, then also started ESA in Nov 2020. I had a WCA April 21 which put me in LCW/WRAG. Because UC was all online I questioned this decision repeatedly. ESA obviously ran out but my claim never closed. Ultimately I went to tribunal and in June 24 they agreed LCWRA backdated to the WCA. I was paid the backdated UC. Because my Mummy died I inherited money that stopped my UC claim in Dec24. I am now back to having no money and am trying to deal with UC again. However I found out that ESA support group would have carried on regardless .. theoretically I should have been backdated for ESA as well (I know it's the same money) BUT it means I wouldn't have had to stop my claim and it would still be continuing now? Any idea if I have a chance? Or what I should do? Thank you x

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  • Mary_Scope
    Mary_Scope Posts: 6,181 Scope Online Community Children and Family Specialists
    edited October 9

    Hi @abyg76

    This sounds like a very stressful situation so it's understandable why you're feeling confused. It worth contacting a trained benefits adviser as this is quite complex and they should be able to tell you a solid answer😊

  • flour
    flour Community Member Posts: 158 Empowering

    @abyg76

    That is a very tricky place to find yourself. What was your last letter off ESA? Was it closing the claim due to the WCA process ending or was it the claim closing due to time limiting?

  • abyg76
    abyg76 Community Member Posts: 24 Connected

    @flour my ESA claim is still open. I am absolutely at my wits end. I have now sent letters and emails to all the HOD (permenant secretary DWP, Director General, Secretary of state for DWP and others) and so far only had a response from Neil Couling but it has not got me anywhere. Reading back my message I see it doesn't make sense. (Forgive me it's soo very confusing.) My UC claim closed 03/25 (last payment 12/12/24) but my ESA claim never closed. 2 years after my tribunal decision, I discover my ESA claim has never seen the tribunal decision which would have put me in the support group since 04/21and because is not means tested it should have kicked in after my UC payments stopped.

    I know it's a lot but this is just a teeny tiny fraction of my 6 years dealing with DWP.

    Any ideas or advice?

  • flour
    flour Community Member Posts: 158 Empowering
    https://forum.scope.org.uk/discussion/comment/1153640#Comment_1153640

    Do a Subject Access Request for your entire DWP records - everything. It will be lots of pages but once you've everything they have on file then you can start to make sense of the decision making.

    The question is around whether the LCWRA decision from UC should have passported the status from UC back to NSESA. LCWRA does indeed go from NSESA to UC - lots of people start out on NSESA and when money gets below the capital limit they then also claim UC and the NSESA support group status passports across to UC with LCWRA.

    There is the option of requesting an Anytime revision to the decision to close the NSESA claim (if they have as opposed to it going dormant (it should be closed if it becomes credits only whilst on UC)) on the grounds of new information (LCWRA) following an appeal. You may wish to have help with this such as from Citizens Advice or another welfare rights organisation.

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