ESA and UC Combo

Hi – Just looking for a little clarity please:

Feb 2019 – Client who was in receipt of CBESA with LCW was found to be capable for work. Benefit claims ended. Applied for UC and after 6 months of waiting for WCA to be completed, was found to have LCW. But as it was a new claim, no addition was paid for LCW.

In the meantime, we had submitted an ESA appeal as the client was clearly not fit for work. If the appeal was successful, then the LCW element on UC would be backdated to the start of his claim and paid on an ongoing basis.

Fast forward to May 2022 when ESA appeal is finally heard and the decision was that he should have had ESA with Support Group. This has been paid and backdated so all fine. However now his UC has been reduced to virtually nil and it looks as though his CBESA has been reinstated and is being deducted as an income from his UC, along with IIDB and some debt repayments. This has left him with around £30 per month UC.

In the calculation of his UC, they are including the LCW element and not LCWRA. So for ESA purposes, they are treating him as having Support Group entitlement and they take his ESA £ for £ but then for UC purposes, it is LCW only, which then has a significant impact on his UC entitlement.

My question is should he be considered to have LCWRA on UC, in keeping with the ESA decision, or should it be LCW in keeping with the assessment that they did when he made his UC claim?

Any thoughts greatly appreciated.

thanks
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