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ESA ir to UC claim no sick note

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3 weeks 4 days ago #291728 by clearwater
ESA ir to UC claim no sick note was created by clearwater
Hopefully Gordon or someone can help i am in a terrible state

I had to move home (it is being sold) i moved out the month before my Tenancy ended because into my fathers the property which was was empty. The property had been rented out for 7 years with Tenancy Agreement. My father had a formal tenancy agreement drawn up by Estate agents for me.

My local council has now informed me my claim has been shut down as i moved earlier, than my new tenancy stated. ( i did not think this would be a problem.

Anyway person from the council phoned and informed me that i would now have to claim UC,
i have been on ESA IR + HB since 2007 PIP, and the sooner i did like today it would be better. She said i could phone CA Bureau for advice or help with the claim.


I phoned Citizens Advice UC Helpline, 08001448448 and the man i spoke to said to get housing i would need to claim UC.

Is this correct can they force me to claim UC or can i remain on ESA HB CT PIP etc.


I started the UC online claim and it came to the part do i have a sick note yes or no,

at first ticked NO it said i need to ask my doctor for one, went back ticked yes i have a sick note it asked for Start and end dates,

WHAT do i do? i have been on Incapacity Benefit and ESA IR for 17 years.

Do i need to claim New Style ESA i am confused by all this, i thought i would have a managed migration later in the year but me moving home esrly same council has triggered this.


Sincerely Clearwater
The following user(s) said Thank You: KABTT

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3 weeks 3 days ago #291789 by Gordon
Replied by Gordon on topic ESA ir to UC claim no sick note
cw

You can try and challenge the Decision to close your Housing Benefit claim but if it is not reinstated and you need help with your rent then your only option is to make a claim for UC. This would be classed as a Natural migration so there will be no Transitional Protection.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: clearwater, KABTT

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3 weeks 3 days ago #291795 by clearwater
Replied by clearwater on topic ESA ir to UC claim no sick note
Gordon thank you for that, i initially thought of challenge the HB Decision but became very confused i called my doctor earlier ( who was not in today) so another doctor called me and judging my mental fragility asked if i wanted the mental health team to come around, i resolved that, she issued me with a fit note for 3 months,

As i mentioned i am on ESA ir HB CT Pip DL Mob, i started the UC claim but have not submitted it.

Questions for clarity sake ( i am not coping too well )

1. If i submit the UC claim with my Doctors sick note , will i have to have a WCA ?
2. Can i remain on ESA ir but claim HB & CT thro U credit?
3. Where can i get a UC50 claim form i have hunted/searched, just in case i need one.
4. How to i challenge the council decision?


PS i also spoke to Citizen Advice Helpline this morning, to be perfectly honest the your lady was very inexperienced and stated i could claim ESA CB etc was on the phone 1h 55min. She was very polite and patient but unfortunately not of much help

Sincerely Clearwater,
i retire next year thinking a maybe ESA ir to UC later this year, but, all this has been triggered by me moving early.

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3 weeks 3 days ago #291807 by Gary
Replied by Gary on topic ESA ir to UC claim no sick note
Hi Clearwater

We cannot answer your questions as we do not have enough information, we would advise you to seek help from your local Welfare Rights Organisation; advicelocal.uk . I will try and give you an overview to your questions.

If you move within the same LA and inreceipt of HB then you should be able to stay on HB, I would advise you to seek help from Shelter; 0808 800 4444.

Once you make a claim for UC, you cannot go back to legacy benefits, HB and IR ESA will stop. Seek advice before you go down this route.

Were you in receipt of IR ESA and in the support group, if you were then you should be placed straight into the LCWRA group, providing there has been no break in your ESA claim and you do not need to provide a fit note.

Shelter will be able to help you challenge your local authority, if you have applied for UC then you will not be able to go back to legacy benefits, even if you appeal their decision.

To appeal LA decision you need to apply for a mandatory reconsideration, if you are turned down then the next phase will be to appeal the decision.

Gary

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

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3 weeks 3 days ago #291829 by clearwater
Replied by clearwater on topic ESA ir to UC claim no sick note
I am (i think) still in ESA ir Wrag group since 2016 will not support, will i also be placed straight into the LCW group, providing there has been no break in your ESA claim and you do not need to provide a fit note.

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3 weeks 2 days ago #291844 by Gary
Replied by Gary on topic ESA ir to UC claim no sick note
Hi clearwater

Yes you should be placed in the LCW group, as you have been in the WRAG group since 2016 you should get an additional element with your UCaward £156.11 pm.

Gary

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

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