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Managed migration ESA - UC: Query

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1 day 9 hours ago #309207 by Justme
Managed migration ESA - UC: Query was created by Justme
Hello. Does anyone know if the following is accurate, please:

"An example scenario:

Alice is a mixed ESA award claimant in the support group who claims UC on 15 January. In the assessment period 15 January to 14 February, Alice actually gets:
•run-on of ESA for 14 days: £318.10 (all of that is actually cESA, except £83.40 representing two weeks of the enhanced disability premium);
•17 days’ worth of new-style ESA that is actually paid: £334.71;
•UC calculated with a maximum amount of £809.64 (standard allowance and limited capability for work and work-related activity (LCWRA) element) but then reduced by one month’s worth of new-style ESA (£598.87) to give an award of just £210.77.
So Alice’s total ESA/UC in the first assessment period is £863.58.
Bob, on the other hand, is an irESA-only claimant. In his first assessment period, he gets:
•run-on of ESA for 14 days of £318.10;
•UC of £809.64.
So Bob’s total ESA/UC is £1,127.74 – ie, £264.16 more than Alice gets."

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1 day 7 hours ago #309222 by David
Replied by David on topic Managed migration ESA - UC: Query
Hi Justme

Your Bob and Alice scenario has definitely taken place with some Migrating claimants and some Contributions Based ESA claimants could lose out on £281.10 of the ESA Run On compared to an Income Based ESA claimant. This though would only happen the once and after that they would get fortnightly payments of New Style ESA as well as UC.
If this were to occur I would send in a Mandatory Reconsideration stating that it was discriminatory.

David

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1 day 4 hours ago #309243 by Justme
Replied by Justme on topic Managed migration ESA - UC: Query
Thank you. It's a scenario that was copied, from information online (CPAG, I think)

Do you think an appeal, submitted in the event of these circumstances coming to pass, would be successful?

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13 hours 28 minutes ago #309250 by David
Replied by David on topic Managed migration ESA - UC: Query
Hi Justme

I cannot give an answer on this hypothetical situation. Maybe a claimant has already taken this matter to a Benefits Tribunal. A lot of research/groundwork needs to be done.


David

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