× Members

ESA and Migration to UC

More
5 years 9 months ago #214196 by Jim
ESA and Migration to UC was created by Jim
Hi! With the recent win in the High Court, I was wondering how this would affect me as I currently receive ESA, SDP and EDP and want to move to be closer to my family, which is a live UC area. After the recent ruling and announcement by Esther McVey that no-one will be moved onto UC without transitional protection does that mean I will continue to get my ESA when I move?

Please Log in or Create an account to join the conversation.

More
5 years 9 months ago #214217 by Gordon
Replied by Gordon on topic ESA and Migration to UC

Jim wrote: Hi! With the recent win in the High Court, I was wondering how this would affect me as I currently receive ESA, SDP and EDP and want to move to be closer to my family, which is a live UC area. After the recent ruling and announcement by Esther McVey that no-one will be moved onto UC without transitional protection does that mean I will continue to get my ESA when I move?



Moving would only be an issue if you have to make a new claim for one of the benefits that comes under UC, Housing Benefit for example.


At this ttime, whilst the changes have been announced in the House of Commons the guidance to DWP staff has not been updated and it will also require changes to the UC legislation , so the original "rules" still apply.

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.

More
5 years 9 months ago #214247 by Jim
Replied by Jim on topic ESA and Migration to UC
Thanks for the information Gordon. Would the new leglisllation be applied retrospectively so I could get the money back in the end?

Please Log in or Create an account to join the conversation.

More
5 years 9 months ago #214272 by Gordon
Replied by Gordon on topic ESA and Migration to UC

Jim wrote: Thanks for the information Gordon. Would the new leglisllation be applied retrospectively so I could get the money back in the end?


The Minister said it would but there is no indication of how this will be done and when.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jim

Please Log in or Create an account to join the conversation.

More
5 years 6 months ago #220112 by Jim
Replied by Jim on topic ESA and Migration to UC
I have made the move back home which is a UC area but as there have been further developments since I last asked what is my current position regarding claiming UC or remaining on ESA? Do I have to claim UC online or do I just call them and say I’m on ESA and need to be transferred over to UC? Someone has told me to quote reg 19? Will I still get my SDP back once the new regs come in? Many thanks. Jim

Please Log in or Create an account to join the conversation.

More
5 years 6 months ago #220117 by Gordon
Replied by Gordon on topic ESA and Migration to UC
Jim

If you are in a UC Full Service area and need to claim Housing Benefit then this can only be done by making a claim for UC, you can do this online, you should be able to indicate as part of the claim process that you currently have an ESA award. It will take a couple of weeks before your UC claim is updated with your current award as the process is a manual one.

There are no updates re the Premiums, the Government carried out a consultation on the changes they need to make, my best estimate is that these will not be implemented for at least a couple of months, these changes should include back payment of the Premiums but it is still unclear what will be paid and how.

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.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.