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TOPIC: Next step MR

Next step MR 1 year 1 month ago #217997

Having recently received paperwork that has found me fit for work after an ESA assessment after being in the support group since 2015 and I have filed an MR They are keen to get me on UC but this poses crossover problems.
As my housing benefit will now be cancelled and if I do not seek UC as a replacement whilst waiting for my MR and any possible appeal to take place will I be able to make a zero income statement for my housing benefit claim?
If I go on to UC does this then negate my right to continue to receive ESA at assessment level once any appeal is accepted and I am waiting to appear before the tribunal?

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Next step MR 1 year 1 month ago #218007

Chris

You should be able to make a zero-income claim for HB but how it will be treated will depend on whether it is treated as a new claim or an amendment to your current claim, if the former then it be for UC and once you are on UC there is no route back to what are now called legacy benefits, this will include your ESA.


So if you have to claim UC then you can no longer receive the assessment rate for ESA while you wait for an appeal, you won't lose out financially as the UC rate should be the same, however, UC will not recognise the appeal process, it will recognise the result just not the process, so you will have to ask to be assessed for being Unfit for Work, basically you are going to have to be reassessed again.

Gordon
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Next step MR 1 year 1 month ago #218060

Many thanks Gordon I'll phone them tomorrow and see which way I have to proceed. They seem to have you either way.

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Next step MR 1 year 3 weeks ago #219882

Just an update to say I have received my mandatory appeal notice and the decision was reversed and I am now in the WRAG (LCW), from zero points. Although I was in the support group before I don't intend to appeal as I do want to return to work in due course so it is the best outcome for me . I was surprised to win the MR thanks for your help.

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Next step MR 1 year 2 weeks ago #219906

Chris

Congratulations on getting the Decision revised, glad to hear that you have now received an award you can be happy with.

Gordon

tags: @RESULT @ESA @MR
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Nothing on this board constitutes legal advice - always consult a professional about specific problems
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