- Posts: 20
- Forum
- Members forums
- ESA, PIP and DLA Queries and Results
- in a dialemma over ESA and UC... advice appraised.
× Members
in a dialemma over ESA and UC... advice appraised.
- davetaylor
- Topic Author
- Offline
Less More
6 years 2 months ago #206611 by davetaylor
in a dialemma over ESA and UC... advice appraised. was created by davetaylor
Hi I hope to gain some advice on here. I have recently been awarded high rates of PIP for both daily living and mobility with the help of my benefitsandwork membership. Im currently on JSA. I have been considering claiming ESA, I do realise that I will receive less if awarded this as the disability premium no longer exists for "new style" claimants. if I get into the support group this would not be the case and I would keep the premium.
ive been reading that Universal credit in my area becomes full service in June 2018, this if I understand correctly means I will loose ALL my premiums, the disability premium (£32.55), the severe disability premium (£62.45) and the enhanced disability premium/income guarantee (£15.90)... this will make me secretly worse off.
I don't know what to do, I have had the maximum period of sickness whilst on JSA (12 weeks) ... I would think the natural next step will be ESA, however how long will this take? will I still receive legacy ESA if I start my claim now? (presuming my claim should be sorted by 13 weeks and before June when full service "begins".
financially I will be better on staying as I am, as even if Universal credit begins in June I will benefit from the transitional arrangements.
I really do not know what to do.
My GP has given me a 6 month sick note, but as of yet ive not done anything with it as yet, I will lose so much if I get on to UC.
any advice will be very much appreciated.
thanks D
ive been reading that Universal credit in my area becomes full service in June 2018, this if I understand correctly means I will loose ALL my premiums, the disability premium (£32.55), the severe disability premium (£62.45) and the enhanced disability premium/income guarantee (£15.90)... this will make me secretly worse off.
I don't know what to do, I have had the maximum period of sickness whilst on JSA (12 weeks) ... I would think the natural next step will be ESA, however how long will this take? will I still receive legacy ESA if I start my claim now? (presuming my claim should be sorted by 13 weeks and before June when full service "begins".
financially I will be better on staying as I am, as even if Universal credit begins in June I will benefit from the transitional arrangements.
I really do not know what to do.
My GP has given me a 6 month sick note, but as of yet ive not done anything with it as yet, I will lose so much if I get on to UC.
any advice will be very much appreciated.
thanks D
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51053
6 years 2 months ago #206630 by Gordon
If you are unable to fulfil your JSA Claim Commitment then you should consider claiming ESA, if you don't then you may find you have no choice as your JSA claim could be closed for non-compliance.
Claiming ESA now will avoid you having to claim UC until the DWP migrate you to the benefit which will not happen for at least a couple of years.
Whilst you will not receive the Disability Premium, as this is not payable with ESA, if you are placed in the Support Group then you will receive the SG component which is equivalent to it and any award of ESA will allow payment of the other Premiums that you currently receive.
There is no Transitional Protection for UC claims made at the moment, so a new claim for UC will only pay the calculated UC amount, this may be less than what you currently receive.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic in a dialemma over ESA and UC... advice appraised.
idave wrote: Hi I hope to gain some advice on here. I have recently been awarded high rates of PIP for both daily living and mobility with the help of my benefitsandwork membership. Im currently on JSA. I have been considering claiming ESA, I do realise that I will receive less if awarded this as the disability premium no longer exists for "new style" claimants. if I get into the support group this would not be the case and I would keep the premium.
ive been reading that Universal credit in my area becomes full service in June 2018, this if I understand correctly means I will loose ALL my premiums, the disability premium (£32.55), the severe disability premium (£62.45) and the enhanced disability premium/income guarantee (£15.90)... this will make me secretly worse off.
I don't know what to do, I have had the maximum period of sickness whilst on JSA (12 weeks) ... I would think the natural next step will be ESA, however how long will this take? will I still receive legacy ESA if I start my claim now? (presuming my claim should be sorted by 13 weeks and before June when full service "begins".
financially I will be better on staying as I am, as even if Universal credit begins in June I will benefit from the transitional arrangements.
I really do not know what to do.
My GP has given me a 6 month sick note, but as of yet ive not done anything with it as yet, I will lose so much if I get on to UC.
any advice will be very much appreciated.
thanks D
If you are unable to fulfil your JSA Claim Commitment then you should consider claiming ESA, if you don't then you may find you have no choice as your JSA claim could be closed for non-compliance.
Claiming ESA now will avoid you having to claim UC until the DWP migrate you to the benefit which will not happen for at least a couple of years.
Whilst you will not receive the Disability Premium, as this is not payable with ESA, if you are placed in the Support Group then you will receive the SG component which is equivalent to it and any award of ESA will allow payment of the other Premiums that you currently receive.
There is no Transitional Protection for UC claims made at the moment, so a new claim for UC will only pay the calculated UC amount, this may be less than what you currently receive.
Gordon
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.
- davetaylor
- Topic Author
- Offline
Less More
- Posts: 20
6 years 2 months ago #206642 by davetaylor
Replied by davetaylor on topic in a dialemma over ESA and UC... advice appraised.
thank you for for much valued and professional advice, I only recently learned of the "penalty" for disabled people claiming UC a few days ago.
I think your right, I had gone with the idea of not rocking the boat and continuing my with my claim for JSA, although I would be completing my JSA commitments the limitations imposed by the scope of jobs available to me may at some point flag up in he future and the DWP may not agree that I am indeed fulfilling my commitments completely. I don't know if this is correct but makes sense.
so the safest bet may be ESA and hope that I get into the SG. my main fear here as if my claim overlaps the UC full service time table and I maybe forced to claim that, also if I were to fail Esa and am told to again claim JSA might that then be UC? or because I starting my claim now (prior to UC full service) would I be able to claim legacy benefits and no loose the additional premiums?
sorry im just trying to cover most eventualities to make an informed choice.
kindest regards D
I think your right, I had gone with the idea of not rocking the boat and continuing my with my claim for JSA, although I would be completing my JSA commitments the limitations imposed by the scope of jobs available to me may at some point flag up in he future and the DWP may not agree that I am indeed fulfilling my commitments completely. I don't know if this is correct but makes sense.
so the safest bet may be ESA and hope that I get into the SG. my main fear here as if my claim overlaps the UC full service time table and I maybe forced to claim that, also if I were to fail Esa and am told to again claim JSA might that then be UC? or because I starting my claim now (prior to UC full service) would I be able to claim legacy benefits and no loose the additional premiums?
sorry im just trying to cover most eventualities to make an informed choice.
kindest regards D
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51053
6 years 2 months ago #206648 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic in a dialemma over ESA and UC... advice appraised.
idave
Either you can claim ESA or you can't, if you start an ESA claim then it won't change into a claim for UC.
If your ESA claim fails then you have the option of challenging the Decision, whilst you won't be paid anything during the Mandatory Reconsideration if you have to go onto appeal then you can claim the ESA assessment rate which include the ESA Premiums that you are entitled to. As this is not classed as a new claim you would not need to claim UC.
If you don't challenge the ESA Decision or need the money, then you can claim JSA or if no longer available, UC. One advantage that UC has is that you can be reassessed for "ESA" under UC, which you could only do for ESA if you can show a new condition or a deterioration in your existing ones reasonably likely to result in an award.
Please see our ESA Claim guides for the criteria you will need to meet to be awarded the Support Group.
www.benefitsandwork.co.uk/help-for-claimants/esa1
Gordon
Either you can claim ESA or you can't, if you start an ESA claim then it won't change into a claim for UC.
If your ESA claim fails then you have the option of challenging the Decision, whilst you won't be paid anything during the Mandatory Reconsideration if you have to go onto appeal then you can claim the ESA assessment rate which include the ESA Premiums that you are entitled to. As this is not classed as a new claim you would not need to claim UC.
If you don't challenge the ESA Decision or need the money, then you can claim JSA or if no longer available, UC. One advantage that UC has is that you can be reassessed for "ESA" under UC, which you could only do for ESA if you can show a new condition or a deterioration in your existing ones reasonably likely to result in an award.
Please see our ESA Claim guides for the criteria you will need to meet to be awarded the Support Group.
www.benefitsandwork.co.uk/help-for-claimants/esa1
Gordon
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.
- davetaylor
- Topic Author
- Offline
Less More
- Posts: 20
6 years 2 months ago #206653 by davetaylor
Replied by davetaylor on topic in a dialemma over ESA and UC... advice appraised.
thanks for the advice, ill carefully consider my options. My disability dictates a limited scope for employment ie, sitting down, call centre but ruling out anything more than this and certainly nothing manual, the job centre thus far have accepted this as fulfilling my commitment. This in the future may in the job centres eyes may seem very limited and may indeed as you say advise closure of my JSA claim in favour of ESA/UC, the latter which I want to avoid.
I shall carefully look at your guides and advice and make an informed choice and go from there, on the plus side but by no means a guarantee I do qualify for ESA SG based on my competing your ESA test, wish me luck and once again my thanks.
D
I shall carefully look at your guides and advice and make an informed choice and go from there, on the plus side but by no means a guarantee I do qualify for ESA SG based on my competing your ESA test, wish me luck and once again my thanks.
D
Please Log in or Create an account to join the conversation.
- davetaylor
- Topic Author
- Offline
Less More
- Posts: 20
6 years 4 days ago #210459 by davetaylor
Replied by davetaylor on topic in a dialemma over ESA and UC... advice appraised.
hi just to update, ive made an application for ESA, I have completed the Esa50 form, so am awaiting their reply, with a face to face interview if needed.
I am extremely worried though if ive done the correct thing, as darlington becomes a full service area 1st June 18. If I understand you correctly as I have made a claim for ESA now and am successful, UC will not affect me. is this the case thought if my ESA claim takes me past the UC commencement date? can I still receive ESA as it would then be a legacy benefit?
my hope is to get into the support group, I have both PIP, both components at the high rate. ON here I took the ESA test and was placed in the support group. fingers crossed for me.
d
I am extremely worried though if ive done the correct thing, as darlington becomes a full service area 1st June 18. If I understand you correctly as I have made a claim for ESA now and am successful, UC will not affect me. is this the case thought if my ESA claim takes me past the UC commencement date? can I still receive ESA as it would then be a legacy benefit?
my hope is to get into the support group, I have both PIP, both components at the high rate. ON here I took the ESA test and was placed in the support group. fingers crossed for me.
d
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris