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TOPIC: ESA to Universal Credit. Threatened with sanctions

ESA to Universal Credit. Threatened with sanctions 7 months 2 days ago #204433

Hello, I have been ill for 25 years with a neurological illness. I was in the ESA support group but was found fit for work recently even though my medical condition hasn't improved. I was advised by CAB to go on Universal Credit. I am appealing being found fit for work & have had the Mandatory Reconsideration turned down. I am now having to attend the job centre and having to do job searches and very long forms which I'm unable to do due to my neurolgical condition and have been threatened with sanctions. They are insisting that I job search even with my Doctors fit note. Is there any way to stop them asking me to do the job searches and having to do my ESA appeal at the same time? They have also told me to fill in another capability for work questionaire and have another medical even though I have just done this about 3 months ago. Does this forum deal with questions relating to Universal Credit? Thanks.

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ESA to Universal Credit. Threatened with sanctions 7 months 2 days ago #204456

Bob

Based on your post this was poor advice by the CAB, at the very least they should have explained the problems that could result from this to you. For example, if you have received payment on your UC claim then you are now stuck on it, you cannot go back to just your ESA!

Anyway it is what it is. Your problems stem from the fact that your UC claim takes no account of your ESA appeal, you are considered as being Fit for Work.

What you need to do is to ask to be assessed for Limited Capability for Work or Limited Capability for Work Related Activity as part of your UC claim, this should remove the requirement for you to Job Search. The only upside of your UC claim is that you can do this without the requirement for a new condition of deterioration in your original conditions, that would have been required under ESA.

Ideally you need to speak to an advisor, but will first need to raise it as an issue ofn your Journal.

Gordon

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

ESA to Universal Credit. Threatened with sanctions 7 months 1 day ago #204521

I get Support Group ESA and DLA [mental and physical health problems]. Yesterday I had a phone call from a local authority welfare advice unit saying I'd be contacted in March about a move to UC. She didn't say [or I can't remember owing to panic] whether this would be by letter or telephone. I cannot deal with telephone calls and ignore numbers I don't recognise anyway. How do I avoid Bob's fate? Universal credit horror stories are themselves becoming universal.

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ESA to Universal Credit. Threatened with sanctions 7 months 1 day ago #204546

brainbiter wrote: I get Support Group ESA and DLA [mental and physical health problems]. Yesterday I had a phone call from a local authority welfare advice unit saying I'd be contacted in March about a move to UC. She didn't say [or I can't remember owing to panic] whether this would be by letter or telephone. I cannot deal with telephone calls and ignore numbers I don't recognise anyway. How do I avoid Bob's fate? Universal credit horror stories are themselves becoming universal.


No claimants are being migrated to UC at this time, the only reason your claims would be moved would be if you were in a full service area and had to make a new claim for a benefit that comes under the UC umbrella, for example a new claim for Housing Benefit.

If you are not making a new claim for anything then you should question why they are trying to move you and should certainly not agree to any such move without getting face to face advice first.

Gordon
The following user(s) said Thank You: brainbiter

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

ESA to Universal Credit. Threatened with sanctions 7 months 1 day ago #204549

Thanks for replying Gordon. Yes she talked about that. The call was to warn me to contact them if I found I had 'problems' [ enough to scare me to death by itself] as I would now be responsible for paying all my rent and Housing Benefit, which currently are paid direct [excepting the Bedroom Tax portion I pay monthly through my bank]. Then she asked if I'd prefer my rent to paid direct anyway, but this was after saying that wouldn't be allowed any more. It was confusing. I remember now - it wasn't local authority. It was a welfare unit recently set up by my Housing Association to help tenants about with Bedroom Tax and related matters.

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ESA to Universal Credit. Threatened with sanctions 7 months 23 hours ago #204577

Thank you for your reply Gordon. After an internet search, it looks like the Limited Capability for Work or Limited Capability for Work Related Activity assessments/ forms were scrapped in April 2017.

I accepted a Universal Credit advance payment/ loan, does that definately mean it is too late to go back to ESA? (Can I claim ESA assessment rate after my appeal has been recieved?)

Should I hold off sending in the UC capability for work questionaire? (which I have just done for ESA when I was found fit for work)

Should I accept my work commitments even though I can't do them? The deadline is Sunday then it goes to a decision maker if I don't do them.

Where can I find the 'advisor' that you mentioned? Thanks,

Bob.

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