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Natural migration to UC from IR ESA when in the LCWRA group getting SDP
- Anneb
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1 month 1 week ago #293721 by Anneb
Natural migration to UC from IR ESA when in the LCWRA group getting SDP was created by Anneb
If a person moves to UC through Natural Migration and they are in the LCWRA group of IR ESA and they get Severe Disability Premium, will the SDP still continue - at least until it is eroded ?
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- Gary
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1 month 1 week ago #293733 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Natural migration to UC from IR ESA when in the LCWRA group getting SDP
Hi Anneb
Short answer is No.
If you move to UC through Natural Migration, SDP will stop. SDP will stop even if you moved to UC through Managed Migration but with Managed Migration you get Transitional Protection.
The question to ask yourself is, has the person’s IR ESA stopped before they applied for UC. If there has been a break in the claim even one day then when applying for UC they will need to supply a fit note and go through the assessment phase, this will result in a loss in income of just over £1200, so timing is key.
This often affects mixed aged couples when the eldest turns state pension age and they are in receipt of ESA.
Gary
Short answer is No.
If you move to UC through Natural Migration, SDP will stop. SDP will stop even if you moved to UC through Managed Migration but with Managed Migration you get Transitional Protection.
The question to ask yourself is, has the person’s IR ESA stopped before they applied for UC. If there has been a break in the claim even one day then when applying for UC they will need to supply a fit note and go through the assessment phase, this will result in a loss in income of just over £1200, so timing is key.
This often affects mixed aged couples when the eldest turns state pension age and they are in receipt of ESA.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Anneb
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1 month 1 week ago #293739 by Anneb
Replied by Anneb on topic Natural migration to UC from IR ESA when in the LCWRA group getting SDP
Hi Gary - you wrote "The question to ask yourself is, has the person’s IR ESA stopped before they applied for UC. If there has been a break in the claim even one day then when applying for UC they will need to supply a fit note and go through the assessment phase, this will result in a loss in income of just over £1200, so timing is key."
So my son, whom I am Appointee for, may be moving to another borough. He is on Housing Benefit where he currently lives. Therefore, if he moves to the new borough that would mean I have to inform ESA of his change of address before I start the process of applying for UC for his rent ? Is that the correct order I would have to do this ? If so, would I tell ESA on day 1 and apply for UC on day 2 ?
So my son, whom I am Appointee for, may be moving to another borough. He is on Housing Benefit where he currently lives. Therefore, if he moves to the new borough that would mean I have to inform ESA of his change of address before I start the process of applying for UC for his rent ? Is that the correct order I would have to do this ? If so, would I tell ESA on day 1 and apply for UC on day 2 ?
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- Anneb
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1 month 1 week ago #293741 by Anneb
Replied by Anneb on topic Natural migration to UC from IR ESA when in the LCWRA group getting SDP
PS to my question just now: Or do I make application for UC on day 1 and tell ESA of change of address on day 2 ?
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- Gary
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1 month 1 week ago #293804 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Natural migration to UC from IR ESA when in the LCWRA group getting SDP
Hi Anneb
I would do it the other way round, if not your ESA will stop and your son will have to go through the assessment phase and loose over £1.2k.
As your son is moving to another local authority, he will need to apply for UC to get the housing element, I would apply for UC before informing ESA, ESA should be notified by UC that your son has applied but I would always follow it up in writing by recorded delivery that your son has applied for UC.
Gary
I would do it the other way round, if not your ESA will stop and your son will have to go through the assessment phase and loose over £1.2k.
As your son is moving to another local authority, he will need to apply for UC to get the housing element, I would apply for UC before informing ESA, ESA should be notified by UC that your son has applied but I would always follow it up in writing by recorded delivery that your son has applied for UC.
Gary
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1 month 1 week ago #293805 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Natural migration to UC from IR ESA when in the LCWRA group getting SDP
Hi Anneb
Yes, he should go straight into the LCWRA group, DWP do make mistakes, if necessary challenge their decision if it does not happenand seek advice from your local Welfare Rights Organisation; advicelocal.uk
Gary
Yes, he should go straight into the LCWRA group, DWP do make mistakes, if necessary challenge their decision if it does not happenand seek advice from your local Welfare Rights Organisation; advicelocal.uk
Gary
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