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ESA to UC triggered jobcente appointments
- ves
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3 years 7 months ago #263459 by ves
ESA to UC triggered jobcente appointments was created by ves
Hello, I need to explain my situation -
I have severe M.E./CFS, Fibromylagia, Depression and Anxiety - among other health issues. I have been on ESA Support Group with Enhanced Disability Premium since 2003.
Due to my landlord selling the house I rented, I was forced to move. The housing association house I am moving into is not ready until 24th Sept. I am now staying at a friend's house for 8 weeks.
The local council Housing Benefit gap is limited to 6 weeks, so I couldn't just 'transfer' it. I was told on a call with the council HB dept. to re-apply via UC. The lady said that my ESA would not be effected, other than it changing to a monthly payment.and coming from UC. But, when I made a UC application (just for the Housing Benefit, I stupidly thought) it triggered Job Centre appointments being sent to me.
I am not well enough to attend. The stress of the last couple of months has caused me to have a major relapse of my conditions. I can barely get out of bed, let alone atttend an appointment in town.
The first appointment arrived within minutes and was for the next morning (I had a doctors phone appointment so couldn't attend). I wrote this in my journal, and how I am on ESA and can't work, but the system has sent me another appointment for Tuesday morning.
I called the UC number, and the lady said to get an Indefinate Sicknote from my doctor. I contacted him about this, and he said he can't do that, but he can send a full report to the DWA when they send him a form, and that he will fully explain my conditions.
I feel lost - ESA is my only form of income. I have moving costs and rental commitments to cover. if they stop everything now I don't know how I will manage. I am at breaking point, and feel there is no 'human' I can communicate my state of health and limitations to their appointment demands.
Please advise - what can I do?
I have severe M.E./CFS, Fibromylagia, Depression and Anxiety - among other health issues. I have been on ESA Support Group with Enhanced Disability Premium since 2003.
Due to my landlord selling the house I rented, I was forced to move. The housing association house I am moving into is not ready until 24th Sept. I am now staying at a friend's house for 8 weeks.
The local council Housing Benefit gap is limited to 6 weeks, so I couldn't just 'transfer' it. I was told on a call with the council HB dept. to re-apply via UC. The lady said that my ESA would not be effected, other than it changing to a monthly payment.and coming from UC. But, when I made a UC application (just for the Housing Benefit, I stupidly thought) it triggered Job Centre appointments being sent to me.
I am not well enough to attend. The stress of the last couple of months has caused me to have a major relapse of my conditions. I can barely get out of bed, let alone atttend an appointment in town.
The first appointment arrived within minutes and was for the next morning (I had a doctors phone appointment so couldn't attend). I wrote this in my journal, and how I am on ESA and can't work, but the system has sent me another appointment for Tuesday morning.
I called the UC number, and the lady said to get an Indefinate Sicknote from my doctor. I contacted him about this, and he said he can't do that, but he can send a full report to the DWA when they send him a form, and that he will fully explain my conditions.
I feel lost - ESA is my only form of income. I have moving costs and rental commitments to cover. if they stop everything now I don't know how I will manage. I am at breaking point, and feel there is no 'human' I can communicate my state of health and limitations to their appointment demands.
Please advise - what can I do?
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- Gary
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3 years 7 months ago #263550 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic ESA to UC triggered jobcente appointments
Hi ves
You don't mention wht type of ESA you were on; CB or IR ESA.
Without knowing what type of ESA you were on I cannot comment on the advice you were given by your local authority.
I would advise you to contact your local Welfare Rights Organisation, they will be able to take all your circumstances into account. You can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk
Once you have claimed UC you cannot go back to legacy benefits.
Gary
You don't mention wht type of ESA you were on; CB or IR ESA.
Without knowing what type of ESA you were on I cannot comment on the advice you were given by your local authority.
I would advise you to contact your local Welfare Rights Organisation, they will be able to take all your circumstances into account. You can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk
Once you have claimed UC you cannot go back to legacy benefits.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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3 years 7 months ago #263557 by ves
Replied by ves on topic ESA to UC triggered jobcente appointments
Hi Gary,
Thanks for reply. I am on IR ESA, as I get the Enhanced Disability Premium.
My biggest question is: has this switch to UC caused a 'full restart' of the whole ESA process? The forms, the interview, the evidence etc? The lady from the council office said that would not be the case, it would just be a change from my fortnightly payments to monthly from UC.
That is why I am shocked and stunned by the Job Centre appointments, that I am most definately not well enough to attend. I am not sure what I should be saying to them -
My knee jerk reation is to say
'I would not be on such a long term IR ESA Support Group with EDP if I was well enough to attend any form of appointments, be them job related or anything else.'
Is that something I could say? Do you know if there are any other cases where they just transfer a person to UC, or is the full process always re-started?
I will also contact the local Welfare Rights Team as you suggest - but as they only opperate for 2 hours/4 days a week, I doubt I'll get any help quickly., and I'm under such pressure on how to respond to the Job Centre appointments in my UC Journal without incuring some sort of penalty.
Thank you for running this forum. It is VERY much appreciated.
Thanks for reply. I am on IR ESA, as I get the Enhanced Disability Premium.
My biggest question is: has this switch to UC caused a 'full restart' of the whole ESA process? The forms, the interview, the evidence etc? The lady from the council office said that would not be the case, it would just be a change from my fortnightly payments to monthly from UC.
That is why I am shocked and stunned by the Job Centre appointments, that I am most definately not well enough to attend. I am not sure what I should be saying to them -
My knee jerk reation is to say
'I would not be on such a long term IR ESA Support Group with EDP if I was well enough to attend any form of appointments, be them job related or anything else.'
Is that something I could say? Do you know if there are any other cases where they just transfer a person to UC, or is the full process always re-started?
I will also contact the local Welfare Rights Team as you suggest - but as they only opperate for 2 hours/4 days a week, I doubt I'll get any help quickly., and I'm under such pressure on how to respond to the Job Centre appointments in my UC Journal without incuring some sort of penalty.
Thank you for running this forum. It is VERY much appreciated.
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- Gary
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3 years 7 months ago #263598 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic ESA to UC triggered jobcente appointments
Hi ves
As long as on the day you make a claim for UC you are still entitled to IR ESA, the equivalent UC Element to the component that was included with your ESA claim should be transferred to your UC claim and included in the assessment.
As you are receiving IR ESA this should stop from the day before the date of their UC award starts ( you may be entitled to a run on), however the payments of IR ESA don't always stop when they should, meaning that the claimant will be overpaid.
The move onto UC from ESA can trigger a whole new WCA even where the claimant has only recently been through the process or has several years to go until they are due to be reviewed.
The problem you have is that if you do not attend your appointment to sign your claimant commitment then your claim can be terminated, what you need to do is raise the issue on your journal, I know the DWP were doing home visits before the lockdown for claimants who could not attend a jobcentre.
Gary
As long as on the day you make a claim for UC you are still entitled to IR ESA, the equivalent UC Element to the component that was included with your ESA claim should be transferred to your UC claim and included in the assessment.
As you are receiving IR ESA this should stop from the day before the date of their UC award starts ( you may be entitled to a run on), however the payments of IR ESA don't always stop when they should, meaning that the claimant will be overpaid.
The move onto UC from ESA can trigger a whole new WCA even where the claimant has only recently been through the process or has several years to go until they are due to be reviewed.
The problem you have is that if you do not attend your appointment to sign your claimant commitment then your claim can be terminated, what you need to do is raise the issue on your journal, I know the DWP were doing home visits before the lockdown for claimants who could not attend a jobcentre.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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3 years 7 months ago #263641 by ves
Replied by ves on topic ESA to UC triggered jobcente appointments
Hello Gary,
Thanks for your advice.
I was able to speak with an advisor at my local Welfare Rights Team. Very helpful. He told me to put all my health conditions into the Journal, and explain I am not well enough to attend JC appointment in person.
I did this, and was able to have my initial UC Commitments appointment via phone. I was then given a (non-work related) Commitment form to agree to/sign within the UC paltform That has now officlally started my claim.
I was told by the Work Coach that my claim would now be passed to a Claims Manager (as I am not able to look for work). I should keep an eye on my UC account for any information they may ask for, or anything else that is required.
During this time, my current ESA payments will continue, until UC takes over.
I was told to make my Housing Benefit claim within the platform on the day I officially move in (24th).
I feel much calmer now, and hopefully things will become clearer as this switch progresses.
I'm not yet sure about the extent of the re-assessment (as the Work Coach said it's not his department, so couldn't say).
I hope I have managed to explain the process to others, should they be in a similar situation.
Thanks for your advice.
I was able to speak with an advisor at my local Welfare Rights Team. Very helpful. He told me to put all my health conditions into the Journal, and explain I am not well enough to attend JC appointment in person.
I did this, and was able to have my initial UC Commitments appointment via phone. I was then given a (non-work related) Commitment form to agree to/sign within the UC paltform That has now officlally started my claim.
I was told by the Work Coach that my claim would now be passed to a Claims Manager (as I am not able to look for work). I should keep an eye on my UC account for any information they may ask for, or anything else that is required.
During this time, my current ESA payments will continue, until UC takes over.
I was told to make my Housing Benefit claim within the platform on the day I officially move in (24th).
I feel much calmer now, and hopefully things will become clearer as this switch progresses.
I'm not yet sure about the extent of the re-assessment (as the Work Coach said it's not his department, so couldn't say).
I hope I have managed to explain the process to others, should they be in a similar situation.
The following user(s) said Thank You: Susie27, Gary, organic
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3 years 7 months ago #263643 by Susie27
Replied by Susie27 on topic ESA to UC triggered jobcente appointments
Hi Ves,
I just want to add some support via my partner's experience. He also had to transfer to UC from ESA IR in order to claim the housing element for his new flat.
He was also alarmed at the appointment with a work coach. However, once the coach had seen that he was on ESA and had provided a fit note (which was only for 2 months) his "commitment" was to attend all of his medical appointments. He did this, and after a few weeks, he got a note on his UC account informing him he no longer had to supply fitnotes. He no longer has to report to a work coach either, as they have accepted he is disabled and unfit for work.
I hope you are able to follow Gary's suggestion as you risk losing your claim if you don't engage with these coaches.
My partner was frightened but he kept updating his UC account, and I uploaded all of his ESA bumph as evidence, as well as consultant letters, prescription lists etc.
This was back in May '21 and he has not (yet) been sent a UC50. I guess I am just urging you to take that phone call - perhaps have someone with you if you are really shaky - I know it helped my partner that I was sitting next to him.
Pulling for you and hoping this gets sorted quickly.
Best,
Susie
I just want to add some support via my partner's experience. He also had to transfer to UC from ESA IR in order to claim the housing element for his new flat.
He was also alarmed at the appointment with a work coach. However, once the coach had seen that he was on ESA and had provided a fit note (which was only for 2 months) his "commitment" was to attend all of his medical appointments. He did this, and after a few weeks, he got a note on his UC account informing him he no longer had to supply fitnotes. He no longer has to report to a work coach either, as they have accepted he is disabled and unfit for work.
I hope you are able to follow Gary's suggestion as you risk losing your claim if you don't engage with these coaches.
My partner was frightened but he kept updating his UC account, and I uploaded all of his ESA bumph as evidence, as well as consultant letters, prescription lists etc.
This was back in May '21 and he has not (yet) been sent a UC50. I guess I am just urging you to take that phone call - perhaps have someone with you if you are really shaky - I know it helped my partner that I was sitting next to him.
Pulling for you and hoping this gets sorted quickly.
Best,
Susie
The following user(s) said Thank You: ves, Gary, organic
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