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ESA ir to UC
- Gentle
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4 years 4 weeks ago #257795 by Gentle
ESA ir to UC was created by Gentle
Hello
My mother currently receives
- ESA (IR) - Support Group last few years
- PIP (daily living) - awarded this month
- Not receiving SDP.
- Under pension age, with no partner.
In order for her to receive Housing Benefit she has to apply for UC, so had some questions on this:
1) Will she auto migrate to UC - LCWRA group due to her existing ESA award?
2) Will a UC award length match when the ESA was due to finish? She has another year left.
3) The PIP application took 9 months from start to end. Is it possible to back date UC more then a month, to match the PIP award date? As she was technically eligible for HB on the PIP start date.
4) Can a PIP award be affected by a UC application (successful or not)
Sorry a few questions there, as I really want to avoid another WCA assessment as she just finished PIP and dreads these processes.
TIA
Gentle
My mother currently receives
- ESA (IR) - Support Group last few years
- PIP (daily living) - awarded this month
- Not receiving SDP.
- Under pension age, with no partner.
In order for her to receive Housing Benefit she has to apply for UC, so had some questions on this:
1) Will she auto migrate to UC - LCWRA group due to her existing ESA award?
2) Will a UC award length match when the ESA was due to finish? She has another year left.
3) The PIP application took 9 months from start to end. Is it possible to back date UC more then a month, to match the PIP award date? As she was technically eligible for HB on the PIP start date.
4) Can a PIP award be affected by a UC application (successful or not)
Sorry a few questions there, as I really want to avoid another WCA assessment as she just finished PIP and dreads these processes.
TIA
Gentle
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- LL26
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4 years 4 weeks ago #257801 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic ESA ir to UC
Hi Gentle,
Do I presume that your mum has never had Housing Benefit previously? I am somewhat confused as to while an earlier claim could not have been made before PIP was awarded.
Additionally, your mum has no SDP, is this because she has a carer claiming Carer’s Allowance? If not she ought to be eligible to receive SDP which should be backdated to when her PIP was backdated to.
Although SDP can't be awarded under UC, since your mum has been on ESA previously, it is likely she will be eligible fir transitional protection which is an equivalent amount.
If your mum wants to claim UC, this might be awarded without a formal assessment, but this may depend on how long ago the last ESA assessment was, her condition/s and what medical evidence you submit.
I don't know whether a UC review will coincide with the original ESA review date. It is possible with a review being done now, that there won't be any need for another review for a while.
You ask whether PIP can be affected by UC- potentially yes! If an assessment made for UC suggests that your mum no longer meets the test for LCWRA , this can sometimes generate a PIP review, however given that PIP has recently been awarded, it seems unlikely that another review would be made so soon.
UC can only be backdated for a month, unless there is exceptional circumstances, normally for technical delays only. Unfortunately if your mum doesn't make a timely claim to meet her PIP award it can't get backdated beyond the month.
I hope this helps.
LL26
Do I presume that your mum has never had Housing Benefit previously? I am somewhat confused as to while an earlier claim could not have been made before PIP was awarded.
Additionally, your mum has no SDP, is this because she has a carer claiming Carer’s Allowance? If not she ought to be eligible to receive SDP which should be backdated to when her PIP was backdated to.
Although SDP can't be awarded under UC, since your mum has been on ESA previously, it is likely she will be eligible fir transitional protection which is an equivalent amount.
If your mum wants to claim UC, this might be awarded without a formal assessment, but this may depend on how long ago the last ESA assessment was, her condition/s and what medical evidence you submit.
I don't know whether a UC review will coincide with the original ESA review date. It is possible with a review being done now, that there won't be any need for another review for a while.
You ask whether PIP can be affected by UC- potentially yes! If an assessment made for UC suggests that your mum no longer meets the test for LCWRA , this can sometimes generate a PIP review, however given that PIP has recently been awarded, it seems unlikely that another review would be made so soon.
UC can only be backdated for a month, unless there is exceptional circumstances, normally for technical delays only. Unfortunately if your mum doesn't make a timely claim to meet her PIP award it can't get backdated beyond the month.
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- bob.murison
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4 years 4 weeks ago #257825 by bob.murison
Benefits and Representation
CAB
Replied by bob.murison on topic ESA ir to UC
Make sure you apply and awarded SDP before making claim for UC to ensure getting Transitional Protection
Benefits and Representation
CAB
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- Gentle
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4 years 3 weeks ago #257848 by Gentle
Replied by Gentle on topic ESA ir to UC
She wasn't eligible previously for HB or SDP as I live, work and look after her.
With getting PIP she can apply for HB, so I might give UC a call and ask them, but if they say it will need another WCA I won't put her through that pain.
Gov.UK really should have clear guidance on this.
With getting PIP she can apply for HB, so I might give UC a call and ask them, but if they say it will need another WCA I won't put her through that pain.
Gov.UK really should have clear guidance on this.
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