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Which benefit now?

Bywell59Bywell59 Member Posts: 4 Listener
in Employment and Support Allowance (ESA)
Hello all, my first post so here goes, I "failed" a ESA assessment July last year and was advised by DWP that I had two other benefit options I could apply for,  UC and JSA.I chose UC as I was not fit for work, but was unaware that there was a qualifying period of 13 weeks before any benefit would be payable. I attended a UC assessment and was subsequently awarded the enhanced disability rate, in the mean time I went through the long process of reconsideration and tribunal with ESA which resulted in a decision in my favour. 
My questions are  will I stay on UC or be returned to ESA from which I should not have been denied ?
What level of benefit will be due to me for the ESA excluded period ?
I am 60 y old ,married, my wife receives state pension.
Any help would be appreciated, thank you. 
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Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    Firstly great news on the Tribunal win. Unfortunately because you claimed UC then you won't be able to go back onto ESA, even though you won your Tribunal. Any backdated money owed will be paid up until the date you claimed UC.

    May i ask which group you were placed into for the Tribunal? WRAG or Support Group?

    Secondly, i'm not sure what you mean by Enhanced disability rate for UC because there's no such thing. There's a LCWRA element, is it this that you're claiming?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
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  • Bywell59Bywell59 Member Posts: 4 Listener
    Hi Poppy, thanks for your kind comments, it was the support group and your right it is the LCWRA element I was trying to refer to. 
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    This means that your ESA will be backdated to the day before you claimed UC. You'll also receive the extra LCWRA element backdated to the start of your UC award.

    Backdated money can take 8 weeks.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
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  • Bywell59Bywell59 Member Posts: 4 Listener
    Thank you for your help Poppy much appreciated, just have to wait now!
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  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Congratulations @Bywell59! Thank you for sharing this with us. If there is anything else we can do then please do let us know. :)
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  • Bywell59Bywell59 Member Posts: 4 Listener
    Thanks Chloe! I think Poppy has covered and explained everything that I have asked .Its great to have the community help to rely upon, especially after the trauma suffered in the last couple of years.
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  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    edited October 2019
    No problem at all @Bywell59! I'm glad we could help. :)
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