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TOPIC: FTA WCA for ESA

FTA WCA for ESA 1 week 3 days ago #235586

Hi there

Hoping you're able to assist: I care for a friend of mine, and they were sadly unable to attend the WCA, noting, they did not inform the DSS of this. Just when it got to 5 minutes before, just couldn't physically go in the building. They have a heck of a lot of problems, and is awaiting a comprehensive assessment at the Maudsley. We had already sent in a letter from the CCO that they're under at the Maudsley Trust.

We had already moved the test date once, so presumably that's it, out of luck? Can we site the Mental Health Safeguards?

RE the housing benefit, it is my understanding it's a case of getting the Borough Council to issue a 'Nil Income Declaration' form.

What's the best way of getting some income-based money for them to live on? Presumably it'll have to be Universal Credit's LCWRA and a fresh sick note from either the GP or Dr Maudsley.

Note, off their own back, she wrote to Summit House where Midlands and Anglia-based claims are based on the same day explaining why she didn't attend.

Note 2, she has a revised, and fresh dx from Maudsley that supersedes the original diagnosis. Ie, going down the UC route, the sick cert would be for new ailment, not previous Suffolk-based diagnosis, as I understand, for the purposes of the DSS that makes a difference.

At present, of course, nothing has been cut-off, yet, as it's all too soon.

Many thanks and kind regards.

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FTA WCA for ESA 1 week 2 days ago #235637

CC

Have they actually had a Decision to close their ESA claim yet? If they have not then they should not take any pre-emptive action such as claiming Universal Credit.

If an adverse Decision is made then they have three options.

1. they can request an MR of the Decision to close their claim. Nothing is payable while they wait for the DWP to look at the Decision again so they would have to claim HB as a Nil Income claimant but if they go onto appeal then the ESA Assessment rate is payable once their appeal is accepted by the Tribunal Service.

2. If their ESA claim includes the Severe Disability Premium, shows as "money because you are severely disabled" on the ESA Entitlement letters. Then they are barred from claiming UC during the month following the closure of the ESA claim so they could claim JSA and once it is payment present a new Fit Note and be excused from their Claimant Commitment for up to 13 weeks, they can then either stay on JSA or switch to the ESA Assessment rate.

3. If they are allowed then they can claim Universal Credit but doing so will mean that they cannot return to ESA, so there would be no point they're challenging the FTA Decision. They would then present a New Fit Note and be assessed for LCW/LCWRA under UC.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

FTA WCA for ESA 1 week 1 day ago #235678

Hello,

Thanks for that - at present, they've not had the BF223 form yet, etither. SDP is in pay as it's the £194.30 per week. Ie Lives alone, no carer, DL PIP.

Presumably, if, following the BF223 the DSS close the case, then the receipient can go onto JSA and present the SoFFW to be excused from job-searching for 13 weeks..?

Presumably they can take as long as they like over the MR, and during that time, cannot claim any means-tested benefit?

Thanks :)

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FTA WCA for ESA 1 week 1 day ago #235695

CrawleyColin

Unless the person was in employment during both of the Tax Years 2016-7 and 2017-2018 then any JSA that they could claim would be Income Related.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
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