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Delayed forced migration timeline for ESA claimants

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2 years 2 months ago #275373 by micksville
I read in the news section that recent Autumn Statement confirms ESA claimants subject to forced migration have something of a stay of execution in that the end date has been put back to 2028. However, in my local newspaper it is reported that some other legacy claimants, namely Income Support, Housing Benefit, certain tax credits and jobseekers allowance are still subject to forced migration in line with the 2024 timeline.
My query is this: I am on ESA Income related and also receive Housing Benefit. Am I right to assume I would be subject to the now delayed 2028 timeline due to my ESA claim, with that overriding the Housing benefit criteria?. I assume housing benefit claimants who claim only that benefit, or claim it in conjunction with other legacy benefits like JSA or tax credits would be subject to the earlier date of 2024 for forced migration. Am I right in reading it that way?
Lastly, a big thank you to B and W for all the advice on PIP Reviews. I got word recently that my PIP has been upgraded to Enhanced rate in both components. It is also an ongoing award with next review date a decade away. The advice on sending and presenting evidence was, as always, invaluable so thanks to all at B ad W for the sound advice and resources

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2 years 2 months ago #275382 by Gary
Hi micksville

Absolutely delighted to hear that you have been awarded your enhanced PIP award. Great news. A well deserved rest.

I will tag your news for the back office

In regards to your question I got the following from the Autumn statement;

5.15 Employment and Support Allowance: delay managed move - The government is pushing back the managed migration of claimants on income-related Employment and Support Allowance (with the exception of those receiving Child Tax Credit) to UC to 2028. Employment and Support Allowance claimants are still able to make a claim for UC if they believe that they will be better off, and this will not affect the managed migration of other legacy benefits onto UC.

see Autumn Statement 2022: documents from gov.uk www.gov.uk/government/publications/autum...ement-2022-documents

Gary

Tags: @RESULT @PIP @ REVIEW

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

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2 years 1 month ago #275557 by micksville
Thanks Gary but that doesn't answer the question. I understand the new 2028 timeline for ESA, but what I am asking is this: could there be a scenario where the Housing Benefit claim I have, due to my being on ESA, is used to move me over to UC despite my being on ESA? i.e. on the basis of my being on housing benefit and them perhaps taking that benefit claim in isolation. Or would the fact I am on ESA override the housing benefit claim in these circumstances meaning I am subject to the 2028 timeline?

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2 years 1 month ago #275562 by micksville
What I was trying to ask Gary is thus: as many, or most IR ESA claimants likely claim housing benefit too, along with their IR ESA could the housing benefit element of those claims make them subject to managed migration to UC by earlier deadline of 2024? Or is it the case that only claimants receiving housing benefit on it's own, i.e. in isolation, or for example with JSA or Income Support or other legacy benefits other than IR ESA, will be subject to the earlier managed migration timeline? I can't see the point on delaying migration for IR ESA to 2028 if them being on housing benefit too, negates that delayed timeline, if that makes sense.

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2 years 1 month ago #275567 by Gary
Hi micksville

I think you may have mis-read what the government has announced.

Managed migration of ESA claimants delayed

The managed migration to Universal Credit of Income-Related ESA claimants who are not also receiving Child Tax Credit (i.e. those just on IR-ESA or on both IR-ESA and HB) has been delayed. The budget states that the migration of these claimants will be delayed until April 2028. The migration of all other ‘legacy’ benefit claimants (including those who are receiving IR-ESA and CTC) will continue as planned. We have heard that this will probably roll out by benefit type rather than geographical area, but this is not confirmed.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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2 years 1 month ago #275568 by Gary
Hi micksville

I understand your argument, but you have misread what the government has stated, my understanding is that unless you are in receipt of child tax credit, then for now managed migration has stopped no matter what legacy benefits you are receiving, some claimants may be better off applying for UC.

The claimants I have found to be better off are claimants who do not receive a disability element such as SDP or EDP.

Gary

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