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ESA tribunal and UC

SystemSystem Posts: 545

Scope community team

This discussion was created from comments split from: Lcwra backdated pay.

Replies

  • ihavenoideaihavenoidea Member Posts: 6 Listener
    Hi, sorry to hijack this thread hoping someone can help.....

    My dad has just heard back from from an ESA appeal dated nov 2018.

    This has now been accepted as of March 2020 and the courts suggestion should last for 24months.

    Since dec 2018 they have had to move onto UC.

    Since they moved to UC they were handing fit notes but since may 2019 they found my dad fit for work. 

    As of march UC have advised my dad awarded LCWRA from period feb 2019 to may 2019 up until he was fit for work .

    UC have said as of may 2019 my dad does not qualify for LCWRA as he was found fit for work yet the courts disagree and said he should never have been moved away from esa.


    my question is a couple really -

    A ) should they back date from nov 2018 to march 2020

    B ) should UC not be listening to the courts advice which is to accept the courts suggestion and to last for 24months.

    C ) Should my dad continue to be on LCWRA for the suggested  time which should last until pensioner  age. 

    Any advice would be grateful.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited March 2020
    @ihavenoidea Hi and welcome.

    Please can you confirm this, the Tribunal decision was for his ESA decision yes?

    Then once he applied for UC he was then found fit for work again, yes? If so then the Tribunal decision will only apply up until he was found fit for work for UC. This is because the UC decision will overrule the Tribunal decision that was recently made.

    Did he request the MR/Tribunal for the UC decision to find him fit for work?
    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.
  • ihavenoideaihavenoidea Member Posts: 6 Listener
    Hi the Tribunal was for ESA and this was accepted.

    He has been on UC while the tribunal  was taking places and whilst being on UC he was found fit for work as a result he has made to look for work even though we did not agree.

    Since being deemed fit for work the tribunal  has cane back and basically  said he is not for for work and should not be reassessed  for the next 24 months.

    He never did ask for the Tribunal  t
    For the UC to be reconsidered  as he thought everything  would be taken into consideration.

    He was also under the impression  that as he should never stopped received ESA the UC decsion of finding him fit for work was over ruled 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    @ihavenoidea sadly that's not how it works because the Tribunal decision was for the decision made on the first work capability assessment. Not for the 2nd one.

    He could ask DWP for a supersession to change the decision made on the 2nd work capability assessment based on the Tribunal decision but there's no guarantee this will work. See link for information on the supersession. https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-a-benefit-decision/challenging-a-dwp-benefit-decision-on-or-after-28-october-2013/changing-a-benefit-decision-by-revision-and-supersession/changing-a-dwp-benefit-decision-by-supersession/

    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.
  • ihavenoideaihavenoidea Member Posts: 6 Listener
    Gutted about this. We thought we finally had the issue resolved seems like we are nowhere near.

    With regards  to asking for a super session do I ask the dwp or UC for this. The qst capability assessment  was by DWP and second was by UC
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    UC is part of DWP.
    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.
  • ihavenoideaihavenoidea Member Posts: 6 Listener
    Ok thanks very much for this advice Much appreciated.  Will hopefully  update you once I have a resolution. 
  • ihavenoideaihavenoidea Member Posts: 6 Listener
    Hi,

    I really need advice.

    UC have the a decsion and said the following 

    We have received notification that you have successfully won an appeal from a Work 
    Capability Assessment completed on Employment and Support Allowance. 
    However, under regulation 28 of Universal Credit Regulations 2013 you needed to 
    have been to be in receipt of Employment and Support Allowance the day before your 
    Universal Credit claim commenced. In this case you Employment and Support 
    Allowance claim closed on 02-Dec-2018 and your Universal Credit claim commenced 
    on 11-Feb-2019. Therefore, you are not entitled to the Limited Capability for WorkRelated Activity element of Universal Credit. 

    The problem I have is my original UC claim commenced on the 3/12/18 I applied online while I was abroad on holiday.

    I was abroad from the dates 22/11/18 to the 27/12/18 . Up until the 2/12/18 when my ESA was stopped I informed ESA I was be leaving the country and they had no issues with it.

    My original UC claim was closed due to being abroad. Therefore I had to re submit a new application in febuary and pay back any monies UC paid myself during dec to feb. 


    Also I might sound naive but why would some williningly move to UC from ESA ? 

    Also why did I go to a tribunal for the outcome to mean nothing ? Surely they cant expect people to be claiming to type of benefits while the appeal is taking place in my case took nearly 18months.

    I am stuck I have no idea what to do any advice would be gratful 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    @ihavenoidea I think the problem you have here is the dates you were abroad for not including the day you went and the date you returned were longer than the 28 days allowed and this will be the reason why your UC claim ended. As there was a break in your claim from ESA to UC of longer than 1 month, i'm unsure what you can do here.

    I'll tag a member of admin team to see if they have advise you further. Another issue is that you've posted your previous questions on the end of an extremely long thread that belonged to another member, so it could be rather difficult for others to follow your questions. It's always better to start your own thread when asking any questions.

    Of course you were also found fit for work for your UC work capability assessment after your ESA one so that's another issue you have.

    @Adrian_Scope could you help here please?
    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.
  • ihavenoideaihavenoidea Member Posts: 6 Listener
    I did I form DWP that I was leaving the country again they did not have an issue with it which I would assume this information would have been passed on to UC as I have now found out they are the same people. 


    Realistically  speaking if I appeal this would I get anywere ?

    I mean we have just been through 18months of hell and thought we were put of it bu winning our tribunal  case for which ment nothing at the end of the day .

    Is there a reason why they dwp would allow a tribunal case knowing fine well the outcome wouldn't really mean anything . Complete waste of tax payers money in my opinion. 

    But yes any further advice would be grateful 
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,998

    Scope community team

    Thank you for the tag @poppy123456 and sorry I haven't spotted it until now.

    Hello @ihavenoidea. I'm really sorry but from my understanding it would seem that their decision is unfortunately correct (based on their legislation and guidance). 

    Leaving the country for more than 28 days lost the entitlement to ESA. So although the fit for work decision was overturned at appeal, ESA would still have ended due to being out of the country. 

    As the first application of UC was disallowed, there was more than 1 day between ESA ending and the UC claim date, so the support group status can't transition. 

    It might be worth you getting in touch with Welfare Rights to see if they have any other advice for you. www.welfarerights.net/home.php
    Senior Community Partner
    Scope
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