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RE ESA TO UNIVERSAL CREDIT MIGRATION AND RULES

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2 years 3 months ago #273751 by A-nobody
Hi , I am re submitting this question as I think I fluffed it last time. Forgive me if it is a duplicate .
I have been on INCOME RELATED ESA SUPPORT GROUP for years . DWP wrote to me a couple of years ago saying that they will not ask me to attend anymore WCA assessments unless my health improves .
I have enhanced PIP (both)
My wife is NOT my registered carer ( that falls to my adult son)
My wife is allowed to work up to 24 hours a week ( she actually works 16 hours a week generally) and has never been compelled to seek full time work or attend the job centre . This, obviously, is very good for us.
My question then …When we are forcibly migrated to Universal Credit will my wife be able to just continue with her part time job doing her 16 hours a week without being compelled to attend the job centre ?
Also , if my wife was to register as my carer rather than my son would she be allowed to still keep her part time job? Would this be the only way for her to not be compelled to attend the job centre?
Thanks in advance for any advice.

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2 years 3 months ago #273768 by Gary
Hi A-nobody

I have answered your previous post, with the extra information you have added, I would say that if your wife is your carer then she would not have to be looking for work, you may also be eligible to claim work allowance, you may also be much better off if you claimed UC.

If you do decide to claim UC, apply for UC before your IR ESA stops, you should then automatically be placed in the LCWRA group without having to go through the assessment period.

Speak to your local Welfare Rights Organisation before you do anything.

Gary

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2 years 3 months ago #273772 by A-nobody
Replied by A-nobody on topic RE ESA TO UNIVERSAL CREDIT MIGRATION AND RULES
Thank you so much.
What is ‘the assessment period ‘ ?

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2 years 3 months ago #273773 by A-nobody
Replied by A-nobody on topic RE ESA TO UNIVERSAL CREDIT MIGRATION AND RULES
Also , if my wife does decide to become my carer will she have to give up her part time work ?
Thanks again

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2 years 3 months ago #273802 by Gary
Hi A-nobody

I should have said assessment phase not assessment period in my previous post.

Universal Credit is based around Assessment Periods.

An Assessment Period is a rolling one month period that starts on the day you first made your Universal Credit claim.

For example, if you claim Universal Credit on 21 October.

Your first Assessment Period will run from 21 October to 20 November,
Your second Assessment Period will run from 21 November to 20 December.
Each month the DWP looks at your needs and your income and calculates how much Universal Credit you are entitled to.

A week after the end of each Assessment Period the DWP then pays the amount of Universal Credit it has calculated you were entitled to for that Assessment Period.

So your Assessment Period runs from 21 October to 20 November, will first be paid Universal Credit on 27 November.

The Assessment Phase of New Style Employment and Support Allowance/LCWRA is different from the Assessment Period for Universal Credit.

Gary

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2 years 3 months ago #273803 by Gary
Hi A-nobody

It would depend on a number of factors before I could give you an answer, such as earning less than £132 a week and doing at least 35 hrs a week caring.
www.gov.uk/carers-allowance

All of the following must apply:

~ you’re 16 or over
~ you spend at least 35 hours a week caring for someone
~ you’ve been in England, Scotland or Wales for at least 2 of the last 3 years (this does not apply if you’re a refugee or have humanitarian protection status)
~ you normally live in England, Scotland or Wales, or you live abroad as a member of the armed forces (you might still be eligible if you’re moving to or already living in an EEA country or Switzerland)
~ you’re not in full-time education
~ you’re not studying for 21 hours a week or more
~ you’re not subject to immigration control
~ your earnings are £132 or less a week after tax, National Insurance and expenses

Gary

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