NOTE: Where someone has claimed UC because their NS-ESA was terminated (eg because they were found fit for work, failed to complete their ESA50 questionnaire or failed to attend a re-assessment medical without showing good reason) but they are subsequently successful in getting the decision to terminate the NS-ESA overturned via Mandatory Reconsideration or appeal, then if the revised NS-ESA decision is that they were entitled to the WRAG component, their UC award should include the LCW Element from the start, or if they were entitled to the Support Component in NS-ESA, the LCWRA Element should be included from the start of the UC award.
NOTE: Similarly where someone has claimed UC and although was on NS-ESA they were getting 'appeal rate' ESA because they had been found fit for work, have challenged that decision and are still awaiting the outcome, and are subsequently successful in getting the decision overturned via Mandatory Reconsideration or appeal, then if the revised NS-ESA decision is that they were entitled to the WRAG component, their UC award should include the LCW Element from the start, or if they were entitled to the Support Component in NS-ESA, the LCWRA Element should be included from the start of the UC award.
NOTE: Where someone has claimed UC because their payments of NS-ESA have ended because they are in the Work Related Activity Group and have reached the maximum 365 days of payment, then they may have had a NI Credits-only claim for LCW running when they claimed UC- click here.