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Universal credit LCWRA
- Beragon
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6 years 5 months ago #201076 by Beragon
Replied by Beragon on topic Universal credit LCWRA
Hello again
Sorry to bother you again, but I think we are almost there as regards me understanding this.
So are you saying that as I was claiming ESA in London and then moved to Bath where I had to claim UC to get the rent, but was advised to keep claiming ESA in order to get some money whilst they took 3 months to pay me UC AND therefore 18 months later I am still in receipt of both benefits where they take the ESA from the UC and therefore I get a payment of ESA and UC ( which is mostly the rent ) THEN the rules of ESA still apply?
Under the ESA I still get the LCWRA component, but after the UC health assessment they say I do not qualify for LCWRA, so in effect my UC has dropped by £ 189.49.
This is a mess I know especially as I have a degenerative disease which will only get worse in time. Please advise as to how I can get this LCWRA back?
Beragon
Sorry to bother you again, but I think we are almost there as regards me understanding this.
So are you saying that as I was claiming ESA in London and then moved to Bath where I had to claim UC to get the rent, but was advised to keep claiming ESA in order to get some money whilst they took 3 months to pay me UC AND therefore 18 months later I am still in receipt of both benefits where they take the ESA from the UC and therefore I get a payment of ESA and UC ( which is mostly the rent ) THEN the rules of ESA still apply?
Under the ESA I still get the LCWRA component, but after the UC health assessment they say I do not qualify for LCWRA, so in effect my UC has dropped by £ 189.49.
This is a mess I know especially as I have a degenerative disease which will only get worse in time. Please advise as to how I can get this LCWRA back?
Beragon
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6 years 5 months ago #201098 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Universal credit LCWRA
Beragon
No, I'm saying that the rules for receiving ESA as a legacy benefit are the same as receiving it under UC.
I'm afraid I cannot work out from your post whether you are on ESA as a separate benefit or under UC.
Is your ESA Income Related? Either in part or in whole?
Were you asked to make a new claim for "ESA" under UC? If you were then this may explain the discrepancy in payments as the WRAG component is not payable for new claims made after April of this year.
If this is the case then you need to get face to face advice as I believe that the DWP have mucked up your claim (polite version) and this should not be the situation that you find yourself in.
Gordon
No, I'm saying that the rules for receiving ESA as a legacy benefit are the same as receiving it under UC.
I'm afraid I cannot work out from your post whether you are on ESA as a separate benefit or under UC.
Is your ESA Income Related? Either in part or in whole?
Were you asked to make a new claim for "ESA" under UC? If you were then this may explain the discrepancy in payments as the WRAG component is not payable for new claims made after April of this year.
If this is the case then you need to get face to face advice as I believe that the DWP have mucked up your claim (polite version) and this should not be the situation that you find yourself in.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 5 months ago #201125 by Beragon
Replied by Beragon on topic Universal credit LCWRA
Hi Gordon
Sorry to ask again but your reply just creates more questions.
I do not know what a legacy benefit is?
I was claiming ESA in London and when I moved to Bath I bought it with me by doing a change of address. When I got to Bath I had to claim UC to claim for my rent, but ( on their advice ) kept my ESA going. I guess my ESA is a separate benefit as I get letters from them and money paid into my bank account. I then also get UC, but they take off the ESA award and contact me via the journal and pay my Uc into my bank account.
I am on Contribution based ESA. Both claims were made before April 2017
So I was not asked to make a new claim for ESA under UC. On the ESA I was placed in the support group, so have the limited capacity for work addition still. This was transferred to my UC
BUT, I was then asked to attend another health assessment under UC. It was at this assessment that they decided that I do have LCW but not LCWRA, so in effect my UC dropped by £ 189.49
I hope this clears the picture and you can advise me how I can get my £ 189.49 back at the tribunal.
Beragon.
Sorry to ask again but your reply just creates more questions.
I do not know what a legacy benefit is?
I was claiming ESA in London and when I moved to Bath I bought it with me by doing a change of address. When I got to Bath I had to claim UC to claim for my rent, but ( on their advice ) kept my ESA going. I guess my ESA is a separate benefit as I get letters from them and money paid into my bank account. I then also get UC, but they take off the ESA award and contact me via the journal and pay my Uc into my bank account.
I am on Contribution based ESA. Both claims were made before April 2017
So I was not asked to make a new claim for ESA under UC. On the ESA I was placed in the support group, so have the limited capacity for work addition still. This was transferred to my UC
BUT, I was then asked to attend another health assessment under UC. It was at this assessment that they decided that I do have LCW but not LCWRA, so in effect my UC dropped by £ 189.49
I hope this clears the picture and you can advise me how I can get my £ 189.49 back at the tribunal.
Beragon.
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- Gordon
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6 years 5 months ago #201133 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Universal credit LCWRA
Beragon
If your ESA is Contribution Based only then it has nothing to do with Universal Credit! However, you should be aware that ESA(CB) is only payable for a total 365 days if you are not in the Support Group.
After this you should receive payment under UC for being in the WRAG. This should not require a reassessment.
Gordon
If your ESA is Contribution Based only then it has nothing to do with Universal Credit! However, you should be aware that ESA(CB) is only payable for a total 365 days if you are not in the Support Group.
After this you should receive payment under UC for being in the WRAG. This should not require a reassessment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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