UC, backdated ESA and the waiting period

Hi all

Just want to check I am thinking about this correctly.  I have read the posts on RN re this issue and timing the claims to avoid two waiting periods (or part periods) having to be served as per the ADM.  Have also noted that the ADM is likely to be incorrect and is contrary to to the legislation but would rather avoid the client having to fight that battle if it’s easily avoidable by timing the claims correctly.

Client will be applying for both ESA and UC and requesting 3 month backdating of his ESA.  He is likely to be eligible for the SG.

So F5052 says : “Where entitlement to the ESA support component begins after the award of UC, the claimant must serve the relevant period as in F5031 before the LCWRA element can be included in the UC award.”

So my thinking is that he needs to apply for ESA first requesting 3 months backdating.  If he is placed in SG, then this should be backdated to the day he physically makes his claim (ie 3 months after the backdated date of claim).  So he needs to apply for UC at least one day after the day he physically makes his ESA claim to make sure that the SG component starts before the UC claim is made.

Is this right?

All thoughts gratefully received 🙂

 
http://dlvr.it/Rjk3Ly

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