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In ESAir Suport Group and have to migrate to UC have questions re UC claim form

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1 month 2 weeks ago #295446 by j112009
Migrating to UC from ir ESA support group and am confused about what to put on the online claim form in regard to the Employment and earnings question. It asks about employment details like are you self-employed or unemp;oyed etc. Do I have to answer unemployed in this section? Does being on ESA count as unemployed? It then asks when you became unemployed etc.
I am not claiming JSA as have been ill for many years. Do I tick unemployed then continue to the next question about Do you have any health conditions that could prevent you from working etc?
Then tell them about health conditions. I am on enhanced PIP for mobiltiy and daily care which I will tell them in the section about any other benefits you are receiving. I am very anxious about it all.

Also when the journal is set up should I point out that I am in the Support group and shouldn't have to send in fit notes. I've read that I should quote REG 19 at them about this in the journal. But on your advice page, you mentions REG40 which should I use?

Please help me understand it is making my mental health worse am so worried I will make a mistake on the claim form
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1 month 2 weeks ago #295447 by David
Hi j112009,

I think the best thing you can do is phone the Citizens Advice Help to Claim phone number 0800 144 444.
This is the service that they advertise ---
Our advisers can help you:
work out if you can get Universal Credit
fill in the Universal Credit application
prepare for your first Jobcentre appointment
check your first payment is correct
Help to Claim is a service specifically designed to help claimants through the UC Migration process so they will be able to tell you if you are " unemployed " for the UC form.

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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1 month 2 weeks ago #295450 by j112009
What about the other question I asked for advice from you for?
Whether to quote Reg 19 to stop them from asking for fit notes as I was in the ESA support group or whether to quote in the journal Reg 40 as given in your own Esa migration to UC section of this website?
Please advise. Thanks
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1 month 2 weeks ago #295452 by David
Hi j112009,

Giving general advice that applies to everyone is difficult that is why it is best to phone the Citizens Advice Help to Claim phone number as I have previously advised as they can tailor in all your personal circumstances.

However as you are currently in the ESA Support Group Reg. 19 will apply.
Regulation 19 of the UC (Transitional Provisions) Regulations 2014 makes it clear that those who move from ESA onto UC (and who have not been found fit for work), are to have:

 The LCW Element included in their UC assessment from the start of their UC award if they were in receipt of the Work Related Activity Component in their ESA award, or
The LCWRA Element included in their UC assessment from the start of their UC award if they were in receipt of the Support Component in their ESA award.

 This means that the work capability decision MUST be transferred across from an ESA award to a UC one.


David

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