- Posts: 591
× Members
Transfer to UC
- David
- Offline
Less More
1 month 2 weeks ago #295347 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Transfer to UC
Hi Lynz,
The article you were reading should have said everyone on ESA would get their UC Migration letter between September this year and December 2025.
Yes you can wait until the end of October to inform the DWP of your husband receiving the state pension in November.
Hope this helps,
David
The article you were reading should have said everyone on ESA would get their UC Migration letter between September this year and December 2025.
Yes you can wait until the end of October to inform the DWP of your husband receiving the state pension in November.
Hope this helps,
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: VIA
Please Log in or Create an account to join the conversation.
- KimABT
- Offline
Less More
- Posts: 73
1 month 2 weeks ago #295366 by KimABT
Replied by KimABT on topic Transfer to UC
Similar happened to me and I'll answer Lynz to help. In my case I'd alerted the DWP that my partner was due his SP in Oct 2023. No word from the DWP on what's would happen and then on his 66th birthday we were called by a LA housing "Compliance" officer to tell us HB stopped immediately and to get a claim for UC going immediately. I didn't expect this as unwell and back and forth to hospital. So Lynz may be kicked off ESA as I was - not due my SP until late 2026.
Please Log in or Create an account to join the conversation.
- KimABT
- Offline
Less More
- Posts: 73
1 month 2 weeks ago #295367 by KimABT
Replied by KimABT on topic Transfer to UC
Happened to us, my partner was due SP last year in Oct 2023. So I phoned the DWP to alert them to this "change of circumstance" in July 2023. I was told they'd be in touch but heard nothing until my partners 66th birthday - whereupon we were phoned by a LA housing compliance officer and told HB stopped immediately and to claim UC immediately. We lost a weeks worth of rent due to the change over to SP and UC and had to find some rent money ourselves - we anticipate further charges due to UC not covering every month.
I hope, as David says here, the DWP/LA or HA allow your mixed couple claim to continue with ESA but be prepared to claim UC on line. Even when your partner has his pension he'll still need to be part of your UC claim if that is pushed on you. What you can do to avoid the strain I had last year is to use the Citizens Advice to guide your claim now - we were given no help and advice to prepare for this so go straight to the CAB to manage your change of circumstances in light of the new push for everyone to be on UC. I didn't get a migration letter.
There is also a directive you can use which states that you don't need to show "fit notes" at the JC once the change to UC comes - I wasn't aware of this directive so went through some unnecessary strain. But I was in the support group on ESA and had SDP - now I don't have that amount - it's considerably less on UC. David here will have more appropriate advice as an admin mod here - he'll know the dwp directives as an ex CAB worker, ironically I was a JC officer once, not my happiest job but it showed me the slight of hand that operates in public services. Always be prepared for any eventuality is the best advice. Here you'll find the right guides to explain and the mods to expand on strategies for the best outcome.
I hope, as David says here, the DWP/LA or HA allow your mixed couple claim to continue with ESA but be prepared to claim UC on line. Even when your partner has his pension he'll still need to be part of your UC claim if that is pushed on you. What you can do to avoid the strain I had last year is to use the Citizens Advice to guide your claim now - we were given no help and advice to prepare for this so go straight to the CAB to manage your change of circumstances in light of the new push for everyone to be on UC. I didn't get a migration letter.
There is also a directive you can use which states that you don't need to show "fit notes" at the JC once the change to UC comes - I wasn't aware of this directive so went through some unnecessary strain. But I was in the support group on ESA and had SDP - now I don't have that amount - it's considerably less on UC. David here will have more appropriate advice as an admin mod here - he'll know the dwp directives as an ex CAB worker, ironically I was a JC officer once, not my happiest job but it showed me the slight of hand that operates in public services. Always be prepared for any eventuality is the best advice. Here you'll find the right guides to explain and the mods to expand on strategies for the best outcome.
The following user(s) said Thank You: VIA
Please Log in or Create an account to join the conversation.
- David
- Offline
Less More
- Posts: 591
1 month 2 weeks ago #295370 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Transfer to UC
Hi KABTT,
Thanks for sharing your story. Yes, you don't need to have had a UC Migration letter to use the CItizens Advice Help to Claim service. Anyone can phone them if they need help making a new UC claim.
As for directives, I think you are referring to regulations 19 and 21 of the Universal Credit (Transitional Provisions) Regulations 2014.
Which state that:
a claimant already determined as having LCWRA outside the UC system at the time of their UC claim should as a matter of law:
•be treated as having LCWRA for the purposes of UC; and
•have the LCWRA element included in the award from the first assessment period and not be subject to the default three assessment periods before that element is included.
David
Thanks for sharing your story. Yes, you don't need to have had a UC Migration letter to use the CItizens Advice Help to Claim service. Anyone can phone them if they need help making a new UC claim.
As for directives, I think you are referring to regulations 19 and 21 of the Universal Credit (Transitional Provisions) Regulations 2014.
Which state that:
a claimant already determined as having LCWRA outside the UC system at the time of their UC claim should as a matter of law:
•be treated as having LCWRA for the purposes of UC; and
•have the LCWRA element included in the award from the first assessment period and not be subject to the default three assessment periods before that element is included.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: VIA
Please Log in or Create an account to join the conversation.
- Lynz
- Topic Author
- Offline
Less More
- Posts: 29
1 month 1 week ago #295490 by Lynz
Replied by Lynz on topic Transfer to UC
Hi David, my apologies for the late reply, but I have been unwell. I think the DWP make it all so complicated with no straight forward answers. I have written our local council HB as you previously advised and will keep a check on that regarding a reply and then contact the DWP about our change of circumstances that will happen regarding my husbands pension. I also read about the DWP contacting everyone in September with regards to an extra payment to help with winter payments food etc, this was in addition to any cold weather payment and the winter fuel payment but we didn't receive a letter do you think I should I just wait for it or contact them?
Please Log in or Create an account to join the conversation.
- David
- Offline
Less More
- Posts: 591
1 month 1 week ago #295491 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Transfer to UC
Hi Lynz,
I heard that the Cost of Living payments had stopped as in the link below.
www.gov.uk/guidance/cost-of-living-payment
Maybe the new Labour Government is bringing them back?
David
I heard that the Cost of Living payments had stopped as in the link below.
www.gov.uk/guidance/cost-of-living-payment
Maybe the new Labour Government is bringing them back?
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David