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ESA and UC
- Stephen M
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1 year 11 months ago #277263 by Stephen M
ESA and UC was created by Stephen M
Hi, I'm new to the forums and just looking for some clarification on the recent advice I've been given on behalf of a friend.
He is on new style ESA and in the support group and has claimed continuously since 2016. He lives alone in is own home which is bought. There is no caring involvement either.
He is in receipt of PIP daily living at the standard rate.
He wants to make a claim for UC as he was told he would be better off doing this.
Currently he receives ESA £235.20/fortnight. Equivalent of £509.60/month with the extra 4.3 weeks/year.
When applying for UC, this amount would be deducted from the maximum UC amount (UC standard amount + LCWRA). This would mean his monthly UC amount would be £179.59/month which is the amount he would be better off each month.
He was also informed that he just continues in the ESA support group and so doesn't migrate over to the LCWRA group, but will get LCWRA "status". He was told that no further assessment is required for the latter which is something he was initially concerned about.
Is all of this correct as he is looking to start the process very soon?
Thanks.
He is on new style ESA and in the support group and has claimed continuously since 2016. He lives alone in is own home which is bought. There is no caring involvement either.
He is in receipt of PIP daily living at the standard rate.
He wants to make a claim for UC as he was told he would be better off doing this.
Currently he receives ESA £235.20/fortnight. Equivalent of £509.60/month with the extra 4.3 weeks/year.
When applying for UC, this amount would be deducted from the maximum UC amount (UC standard amount + LCWRA). This would mean his monthly UC amount would be £179.59/month which is the amount he would be better off each month.
He was also informed that he just continues in the ESA support group and so doesn't migrate over to the LCWRA group, but will get LCWRA "status". He was told that no further assessment is required for the latter which is something he was initially concerned about.
Is all of this correct as he is looking to start the process very soon?
Thanks.
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- Gary
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1 year 11 months ago #277292 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic ESA and UC
Hi Stephen M
Most of what you have stated is correct apart from the last paragraph.
Your friend is on a contribution based benefit, therefore he does not receive any disability premiums. I have found that claimants who do not receive any disability premiums will be better off claiming UC as you rightly point out they may be eligible to claim LCWRA.
As your friend is already in receipt of the support component then it should transfer over with him when he applies, unfortunately this does not always happen and errors do happen.
Regulation 19 of the UC (Transitional Provisions) Regulations 2014 makes it clear that those who move from ESA onto UC (and who have not been found fit for work), are to have: The LCW Element included in their UC assessment from the start of their UC award if they were in receipt of the Work Related Activity Component in their ESA award, or The LCWRA Element included in their UC assessment from the start of their UC award if they were in receipt of the Support Component in their ESA award.
This means that the work capability decision MUST be transferred across from an ESA award to a UC one.
BUT .... this does not stop DWP from carrying out a review after you have been transferred over to UC.
I would check their entitlement by using a benefit checker: gov.uk/benefits-calculators
Gary
Most of what you have stated is correct apart from the last paragraph.
Your friend is on a contribution based benefit, therefore he does not receive any disability premiums. I have found that claimants who do not receive any disability premiums will be better off claiming UC as you rightly point out they may be eligible to claim LCWRA.
As your friend is already in receipt of the support component then it should transfer over with him when he applies, unfortunately this does not always happen and errors do happen.
Regulation 19 of the UC (Transitional Provisions) Regulations 2014 makes it clear that those who move from ESA onto UC (and who have not been found fit for work), are to have: The LCW Element included in their UC assessment from the start of their UC award if they were in receipt of the Work Related Activity Component in their ESA award, or The LCWRA Element included in their UC assessment from the start of their UC award if they were in receipt of the Support Component in their ESA award.
This means that the work capability decision MUST be transferred across from an ESA award to a UC one.
BUT .... this does not stop DWP from carrying out a review after you have been transferred over to UC.
I would check their entitlement by using a benefit checker: gov.uk/benefits-calculators
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Stephen M
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1 year 10 months ago #277300 by Stephen M
Replied by Stephen M on topic ESA and UC
Thanks for your reply.
Just to clarify, are you just saying that on applying for UC mistakes could happen with the support component of ESA not being carried over, and it's possible UC could initiate a review also, but he would still remain in the ESA support group with LCWRA "status" as i was advised on the scope forum (providing they deal with the claim correctly)?
Just to clarify, are you just saying that on applying for UC mistakes could happen with the support component of ESA not being carried over, and it's possible UC could initiate a review also, but he would still remain in the ESA support group with LCWRA "status" as i was advised on the scope forum (providing they deal with the claim correctly)?
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- Gary
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1 year 10 months ago #277324 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic ESA and UC
Hi Stephen M
You are correct on all your points, as stated in my previous post, your friend would stay entitled to the support/LCWRA until they have been re-assessed, Regulation 19 of the UC (Transitional Provisions) Regulations 2014.
As you stated (providing they deal with the claim correctly), unfortunately, sometimes this does not happen.
Gary
You are correct on all your points, as stated in my previous post, your friend would stay entitled to the support/LCWRA until they have been re-assessed, Regulation 19 of the UC (Transitional Provisions) Regulations 2014.
As you stated (providing they deal with the claim correctly), unfortunately, sometimes this does not happen.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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