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Contribution ESA migration to UC

  • softie G
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3 weeks 4 days ago #291995 by softie G
Contribution ESA migration to UC was created by softie G
I hope you don't mind me posting as it may overlap other posts but I am having a very stressful time and am so confused. I currently get ESA contribution based, in the support group, get PIP and have previously been in receipt of Child Tax Credit. I was sent letter to migrate to UC ( triggered by Child tax credit I think) and have been trying to but my ESA records apparently haven't been sent over by ESA yet, the work coach wants me to accept the UC commitments but as I pointed out they are statements like " I agree to look for full time employment" " I agree to go to job interviews 90 minutes away" "I agree to do any work " etc. the UC staff say these shouldn't be on my agreement but they are - I said I can't agree to these , this means I will not get payments as of tomorrow.
Also on the UC application that I had savings and a property and I listed them, they said I need to take in proof and fill in a form A64A - as my savings are over 16k I asked if I could still qualify for UC and she said only for a year as its protected- unlike contribution based ESA which does allow for savings over 16k - is this true?
thank you for any help regarding this .

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3 weeks 4 days ago #292011 by Gary
Replied by Gary on topic Contribution ESA migration to UC
Hi softie G

We would advise you to seek help from your local Welfare Rights Organisation; advicelocal.uk .

The conditions for claiming Universal Credit are set out in a "claimant commitment" that most people will have to accept at the beginning of their claim. If you are part of a couple, you will each have a separate claimant commitment that may be different from each other's.

People who may not need to accept a commitment include those who lack capacity, those who have exceptional circumstances  where it would be unreasonable to expect them to agree a commitment (this is decided by the work coach on a case by case basis), or, From 15 February 2022 people with a terminal illness and less than 6 months to live were also excluded, and from 4 April 2023 this was extended to 12 months.

There are 4 conditionality groups:

* Group 1. No work related requirements
* Group 2. Work-focused interview requirement
* Group 3. Work preparation requirement
* Group 4. All work-related requirements

www.entitledto.co.uk/help/Claimant-commitment-Universal-Credit

In regards to your last question yes it is true for the first year your savings are ignored, after which if you have over £16k in savings then you will not be allowed to claim UC as UC is means tested, as you are in receipt of CB ESA this is not means tested but would be deducted £ for £ from your UC award.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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3 weeks 4 days ago #292014 by softie G
Replied by softie G on topic Contribution ESA migration to UC
Thank you Gary, also need to ask if I can get a solicitor to get help with all this as I am beyond confused now, this is having a detrimental effect on my mental health and my children as a result, the UC staff do not seem aware of the rules regarding the contribution based ESA claimants who also receive PIP. And are scaring me about losing all of the ESA I currently get and the amount of money I used to get with child tax credit. Despite me discussing with UC staff member the problem with my work commitment statements they said those statements should not be on my commitment agreement they have not put nothing on the system about our chat – this concerns me. I have read before that the CAP on UC does not apply if you are in receipt of PIP and if you are in the support group for ESA so why does the work coach not say this?

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3 weeks 4 days ago #292015 by softie G
Replied by softie G on topic Contribution ESA migration to UC
Just to add that I understand that there is a claimant commitment aspect to the UC but my issue is that even the work coach advisor is saying that the details on the system are incorrect for me. they say I should agree to it anyway which I feel would be dishonest as I am unable to meet the conditions . If the UC staff are bemused and don't understand what to do who will be able to sort this out?

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3 weeks 3 days ago #292036 by MariW
Replied by MariW on topic Contribution ESA migration to UC
Dear Gary,

Several users have queried whether claimants in receipt of CB ESA and no income-related benefit are to be migrated to UC. This was Gordon's reply:

www.benefitsandwork.co.uk/kunena/10-dla-...n-based-esa?start=12

What on earth is going on?

Thanks, Mari W

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3 weeks 3 days ago #292038 by Gary
Replied by Gary on topic Contribution ESA migration to UC
Hi MariW

Gordon is correct in what he is saying in his post, remember CB ESA and NS ESA are both contribution based benefits, whereas IR ESA and UC are both means tested benefits.

IR ESA is being phased out and UC is taking it's place.

Gary

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

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