My client was given Fit Notes from November 2020.
She claimed ESA in December 2020.
The first payment was made in February 2021 and the award was backdated to November 2020.
She started a UC claim on 13 January 2021 and the first payment was made on 19 January for the period 13 January – 12 February 21.
She had WCA on 12 March and was given LCWRA.
On 29 April she started getting the support component in her ESA, backdated to 6th February.
On 14 June she was told by UC that she had been overpaid £509.61 between 13 January and 12 April due to the support component being received from ESA and this is now being deducted from her UC.
UC accepted her LCWRA status as effective from 13 April, 3 months after she started claiming UC.
Is it correct that she can be expected to have to wait for a double 3 month waiting period effectively before she can get the benefit of her support group component?
I realise that if the support component had already been in payment when she started her UC claim then she would have been able to keep the benefit via the Higher Rate Work Capability component.
She has also been treated as overpaid by more than she actually received by ESA support component in the relevant period, presumably due to differences in the benefit calculations. ESA told her they thought this should not be more than £386.40.