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ESA And UC Questions

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7 years 7 months ago #211052 by KeithW
ESA And UC Questions was created by KeithW
I am looking at moving home and I have some questions about ESA and UC

Am I right in thinking that if I move home within the same local authority there should be no change to how I get my benefits and I should not be moved to UC? I get ESA, DLA & Housing benefit. Full service UC will begin in May in West Lothian, who are my local authority

If I move outside of my local authority and claim housing benefit am I right in thinking that it will trigger a move to UC of all my benefits? If so will my benefit rates be protected in the transition?

Thanks in advance
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7 years 7 months ago #211064 by Gordon
Replied by Gordon on topic ESA And UC Questions
Keith

If you stay within the same Local Authority then there should be no requirement for you to claim UC.

If you change LA and the new area is a UC Full Service area, then Housing Benefit is only available via a UC claim, if your ESA is Income Related then this will also be moved to UC. Your DLA is not effected by UC.

This would be a Natural Migration to UC and there is no Transitional Protection available, so if you receive any ESA Premiums then these may not be payable under UC.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 7 months ago #211111 by KeithW
Replied by KeithW on topic ESA And UC Questions
So transitional protection is only available when they essentially force you to move over to UC?
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7 years 7 months ago #211130 by Gordon
Replied by Gordon on topic ESA And UC Questions

KeithW wrote: So transitional protection is only available when they essentially force you to move over to UC?


Effectively yes.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: KeithW
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7 years 6 months ago #213981 by KeithW
Replied by KeithW on topic ESA And UC Questions

Gordon wrote: Keith

If you stay within the same Local Authority then there should be no requirement for you to claim UC.

If you change LA and the new area is a UC Full Service area, then Housing Benefit is only available via a UC claim, if your ESA is Income Related then this will also be moved to UC. Your DLA is not effected by UC.

This would be a Natural Migration to UC and there is no Transitional Protection available, so if you receive any ESA Premiums then these may not be payable under UC.

Gordon


It is looking like I may have to change local authority areas :(

So just to clarify that if this is the case I would have to claim housing benefit and my income related ESA through the UC system? (The local authority is in a full service area)

Also would it mean that I would loose the enhanced disability premium I get for being in the support group and severe disability premium?
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7 years 6 months ago #213996 by Gordon
Replied by Gordon on topic ESA And UC Questions
Keith

If you are changing Local Authority then you will have to make a new claim for Housing Benefit then this should result in you having to claim Universal Credit and this will also result in a migration of any ESA(IR) that you receive to UC as well.

The Government have announced, in anticipation of their losing a court case for discrimination, that they will be putting in to effect changes to UC so that claimants do not lose any EDP or SDP that they are receiving, however, as at today, we do not know when and how this will be achieved.

So it may be that by the time you need to claim UC, you will either be able to stay on what are now called legacy benefits of you will receive Transitional Protection for the Premiums.

See

www.benefitsandwork.co.uk/news/3777-majo...-esa-to-uc-transfers

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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