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We have the good news that the ESA to UC forced migration has now been postponed

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2 years 1 month ago #275458 by BlueCats
Now that forced migration has been postponed, what about the people already forced to migrate who were on severe disability payment and are now instead on transitional payment?

They will now be seeing a reduction year-on-year (where yearly increases in UC will be offset by a reduction in transitional protection) whereas those who are not migrated will not have this - as they will still have the severe disability payment which, presumably will not be reduced year on year.

So there is now an unfair disparity between those who were forced to migrate (and entitled to transitional protection) and those who won't be forced until 2028 - the latter group benefiting from the severe disability payment which will not decrease and the former being given transitional protection which will.

Anyone going to challenge this decision in court? I'm quite cross since I was getting severe disability and I've only just been forced to migrate at great stress and upset only to find I'm in the unlucky cohort.

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2 years 1 month ago #275461 by Jaguar300
Many thanks Gary.

I think I will just stay here with B&W to receive the advice I'm looking for.
The Majority of Claimants that are already receiving ESA like myself are also receiving Housing Benefit. (I should think?)
As this being the case, each and everyone that is receiving both must be Pushed Back for the Migration Process of 2028?

Hopefully, if this is the case then we can all worry about it then and not now.
Speak soon.

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2 years 1 month ago #275462 by Jaguar300
Hi Gary and all.

This below is a section of the Budget Statement from the Government.

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.

Myself......
So I'm still baffled about ESA (Support Group) and Receiving Housing Benefit as well. I am currently receiving both.

Any advice will be very welcoming.
Speak soon.

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2 years 1 month ago #275468 by BIS
Hi Jaguar300

At this stage, we don't know any more than what appeared in the Chancellor's statement. The picture should become clearer as the DWP seek clarification on what was said.

BIS

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

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2 years 1 month ago #275477 by Jaguar300
Many thanks BIS.

I have always found like no doubt so many people, whatever Statements are made or Policies drawn up, it doesn't usually make sense.
In reference to this Autumn Statement, why can't they just say......

If a Claimant is receiving ESA Only, then the Migration Process of this Legacy Benefit to UC is Postponed until 2028.

However, if a Claimant is receiving Both ESA and Housing Benefit then the Migration Process of these Legacy Benefits to UC will continue to be Transferred by 2024.

To myself as above, this would definitely clarify what would be happening.

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2 years 1 month ago #275481 by Gary
Hi Jaguar300

The latest information I have received from Housing Systems is as follows:

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
The following user(s) said Thank You: Gaddy

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