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ESA-UC Migration and LCWRA
- denby
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2 years 8 months ago #270199 by denby
Replied by denby on topic ESA-UC Migration and LCWRA
Just to clarify, the Action button for "favorite" is the one bottom left of the page, on pc anyway [not the one under each message on the forum].
Denby
Denby
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- MariW
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2 years 8 months ago #270233 by MariW
Replied by MariW on topic ESA-UC Migration and LCWRA
Dear Gary,
My last reply has not appeared in the thread despite other members joining in.
I'm embarrassed to press this issue but the government website states that a claimant will not have to undertake a Work Capability Assessment (WCA) again when moving to Universal Credit if ALL of the following apply:
1. You’ve been receiving Employment and Support Allowance (ESA)
2. You’ve already completed a WCA
3. You’ve been assessed whilst claiming ESA
On point 3, I am overdue by many years, never having been reassessed since my move to IR ESA from an older legacy benefit.
They add that if a WCA is due for a review, the claimant will need to have another assessment. In my case, would this be a pre-migration ESA50 or a post-migration UC50?
I am grateful to you for drawing my attention to the possibility of the need to claim UC within three month being extended if there is “good reason”. Do you think the DWP would consider a claimant who is the sole next of kin to a person who has a terminal diagnosis would meet this criterion?
Thank you so much for your help this far,
Mari
My last reply has not appeared in the thread despite other members joining in.
I'm embarrassed to press this issue but the government website states that a claimant will not have to undertake a Work Capability Assessment (WCA) again when moving to Universal Credit if ALL of the following apply:
1. You’ve been receiving Employment and Support Allowance (ESA)
2. You’ve already completed a WCA
3. You’ve been assessed whilst claiming ESA
On point 3, I am overdue by many years, never having been reassessed since my move to IR ESA from an older legacy benefit.
They add that if a WCA is due for a review, the claimant will need to have another assessment. In my case, would this be a pre-migration ESA50 or a post-migration UC50?
I am grateful to you for drawing my attention to the possibility of the need to claim UC within three month being extended if there is “good reason”. Do you think the DWP would consider a claimant who is the sole next of kin to a person who has a terminal diagnosis would meet this criterion?
Thank you so much for your help this far,
Mari
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- Angel
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2 years 8 months ago #270248 by Angel
Replied by Angel on topic ESA-UC Migration and LCWRA
This is great; I think you should pin so we can find it in the future..
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- Gary
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2 years 8 months ago #270268 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic ESA-UC Migration and LCWRA
Hi MariW
You are not overdue on your assessment as there are no time limits with ESA. ESA is an indefinite benefit until you have been reassessed and either found fit for work, no change or are placed in WRAG.
If you received a Notice letter about moving on to UC and you needed another WCA then you would be sent a UC 50 form. There is no difference between a UC50 and an ESA50 form apart from the name, so if you kept a copy of your ESA50 form you can use it as a guide when completing a UC50 form providing your circumstances have not changed.
In regards to your last question, I would probably say not.
Gary
You are not overdue on your assessment as there are no time limits with ESA. ESA is an indefinite benefit until you have been reassessed and either found fit for work, no change or are placed in WRAG.
If you received a Notice letter about moving on to UC and you needed another WCA then you would be sent a UC 50 form. There is no difference between a UC50 and an ESA50 form apart from the name, so if you kept a copy of your ESA50 form you can use it as a guide when completing a UC50 form providing your circumstances have not changed.
In regards to your last question, I would probably say not.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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2 years 8 months ago #270269 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic ESA-UC Migration and LCWRA
Hi Angel
The information was sent to me from an Organisation called Housing System from a query I raised with them.
Gary
The information was sent to me from an Organisation called Housing System from a query I raised with them.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- MariW
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2 years 8 months ago #270294 by MariW
Replied by MariW on topic ESA-UC Migration and LCWRA
Thank you again, Gary, for your tremendous support.
Regarding my last point, the Mind UK website states the following:
“The Government have said they will give an extension to anyone who gets in touch and says they are struggling to make a claim to Universal Credit because of a mental health problem (or in some other situations, for example for people who are homeless.) They have also said in some circumstances they will postpone the move to Universal Credit in the long-term if someone is unwell.”
Another mental health site states:
“As currently drafted, the regulations allow vulnerable people who are migrating to request an extension for making a claim. DWP staff can also extend the deadline for making a claim or cancel the migration notice for a claim. However, extensions will only be granted if there is ‘good reason’…
Presumably, all this applies to physical health issues, too.
I don’t know how I’ll cope if I receive a migration notice in the first year. I have a long-term and progressive physical condition that can leave be almost helpless, deteriorating depression, and a dying loved one who needs all the emotional support and love I can give up and beyond entry to a hospice.
I think I’ll have a letter to my MP written up ready to print and post.
Thanks,
Mari
Regarding my last point, the Mind UK website states the following:
“The Government have said they will give an extension to anyone who gets in touch and says they are struggling to make a claim to Universal Credit because of a mental health problem (or in some other situations, for example for people who are homeless.) They have also said in some circumstances they will postpone the move to Universal Credit in the long-term if someone is unwell.”
Another mental health site states:
“As currently drafted, the regulations allow vulnerable people who are migrating to request an extension for making a claim. DWP staff can also extend the deadline for making a claim or cancel the migration notice for a claim. However, extensions will only be granted if there is ‘good reason’…
Presumably, all this applies to physical health issues, too.
I don’t know how I’ll cope if I receive a migration notice in the first year. I have a long-term and progressive physical condition that can leave be almost helpless, deteriorating depression, and a dying loved one who needs all the emotional support and love I can give up and beyond entry to a hospice.
I think I’ll have a letter to my MP written up ready to print and post.
Thanks,
Mari
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