ESA and UC

mauk

I hope someone can help I was on ESA and  then they took me off I appealed straight away but was told to receive any money I need to go on UC which I did told them I was appealing the ESA decision and ask if I still needed to put sick notes in which I was told yes so I have .
Then the UC sent me for  medical assessment which I lost also but on the 22/1/21 I had my. ESA APPEAL  which I have won now on 8/2/21 I received a letter from the  tribunal service for a hearing for a UC Appeal my Jobcentre advisor says more or less this cancels my ESA decision is this right

janer1967

Hi and welcome 

I'm not sure of the answer si hopefully someone else will know more 

I would have thought your esa decision will stand at least till your UC tribunal decision but I'm no expert 

This could be quite complex so I would suggest you get expert advice from welfare rights 

calcotti

The decision already made by the tribunal in respect of your ESA decision now stands from the date of the WCA you were appealing up to the point where the more recent WCA made a new decision.

ESA should pay you any arrears of benefit in respect of your ESA award prior to claiming UC.

If the ESA decision was to put you into the Support Group it means that you should be treated as having LCWRA for UC for the period in question and are entitled to be paid the LCWRA element from the start of your UC claim up to the point where UC made a decision on the new WCA.

I suggest

• contact ESA to find out about arrears you are due
• post a note in your UC journal payments section advising them of the tribunal decision and, if the decision was to put you in the Support Group,  ask them to review your previous UC payments because you believe the LCWRA element should be included from the start of the claim. I think it is also worth asking whether, in the light of the tribunal decision, they are willing to revise their more recent WCA decision without waiting for a further tribunal.