Reply To: Can UC be classed as notional income for HB

#163322
d-stainsby
Participant

There appears to be a lot of misunderstanding here

If someone who is disputing and ESA decision does not live in a full service area they may not meet the gateway conditions for UC and ought to be entitled to JSA during the mandatory reconsideration process.

On the other hand is they are in a full service area they cannot claim JSA, but I would not advise them to claim UC either.  If they can wait out the MR process their ESA will be reinstated at the assement rate once the appeal is aknowledged.  They do not have to make a fresh claim, all that happens is that they are deemed to have limited capability for work until the appeal is determined.

There is no severe disability premium in UC so anyone who had the SDP with their ESA is  well advised to avoid claiming UC

The increased conditionality of UC vis a vis JSA is another good reason not to claim UC

Claiming UC in a full service area whilst disputing an ESA decision could well sabotage the whole ESA appeal in practice because winning the ESA appeal could be meaningless because the appellant has effectively migrated themselves to UC and there could be no going back.

Please don't misguidedly bully ESA appellants into claiming UC.  You are not acting in their best interests if you do