On UC (and cESA with SG component included). cESA stops due to working too many hours for permitted work.

Hi there

Just trying to get my head around the impact of the cESA stopping in this case.

He was on old style cESA and placed in the SG, then after this he claimed UC and continued to receive cESA as well.

This claimant doesn’t get PIP but as he has been assessed as having LCWRA under the UC system my understanding is he isn’t automatically treated as NOT having LCW by virtue of him working and earning over the 16hrs x min wage threshold.

However given the cESA has stopped, correctly due to him working over the permitted work threshold, I’m slightly unsure as to the position regarding his UC LCWRA element.

My first assumption was it would just stop being part of the UC calc after the cESA ended, however having read the judgement in [2022] UKUT 117 (AAC) (I appreciate the circs were different as it was the partner who started work)  I’m not sure I’m understanding the rules correctly around continuing to maintain NI credits only, if there has been no subsequent negative LCW determination.

Any thoughts welcomed.

Cheers

 
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