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UC migration in 2018
- David
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1 year 8 months ago #279508 by David
UC migration in 2018 was created by David
Hi
I live in Scotland
I was migrated suddenly to UC due to an address change in September 2018. I was receiving ESA and was in the Support Group. I was also in receipt of the severe disability payment.
The whole affair was so messy, I was suddenly sent for a wca and placed into the Lower group which meant I now had to meet with a work coach frequently.
I have disputed this for years and asked many times for a new medical.
I feel I've been messed about, mistreated, lied to and even given information which is just simply made up.
I have a Pip award which gives me 12 points for mobility.
1) was my migration legal at the time
2) any advice would be appreciated, they just seem to have an answer for everything.
Appreciate any help and advice
I live in Scotland
I was migrated suddenly to UC due to an address change in September 2018. I was receiving ESA and was in the Support Group. I was also in receipt of the severe disability payment.
The whole affair was so messy, I was suddenly sent for a wca and placed into the Lower group which meant I now had to meet with a work coach frequently.
I have disputed this for years and asked many times for a new medical.
I feel I've been messed about, mistreated, lied to and even given information which is just simply made up.
I have a Pip award which gives me 12 points for mobility.
1) was my migration legal at the time
2) any advice would be appreciated, they just seem to have an answer for everything.
Appreciate any help and advice
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- Gary
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1 year 8 months ago #279565 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic UC migration in 2018
Hi David
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum
Your migration may have been legal at the time but it would depend on a number of factors such as when you changed address, did you change local authority?
The other question I would ask is when you applied for UC, had your ESA stopped or did you apply for UC whilst still in receipt of ESA support. If you were still in receipt of ESA support when you applied for UC then you should have been placed into the LCWRA group.
If you were getting the Support Component in your ESA, your UC award should include a Limited Capability for Work Related Activity (LCWRA) Element. Regulation 19(4) of the UC (TP) Regs 2014 (old style ESA) or Regulation 40(1)(a)(ii) of the UC Regs (2013) (new style ESA).
If there was one day break between ESA stopping and you applying for ESA the you would not be eligible to get the LCWRA in your UC claim, you would have to go through the assessment phase.
You may want to ask for an 'any time review'. I would advise you to seek help from your local Welfare Rights Organisation; advicelocal.uk .
Gary
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum
Your migration may have been legal at the time but it would depend on a number of factors such as when you changed address, did you change local authority?
The other question I would ask is when you applied for UC, had your ESA stopped or did you apply for UC whilst still in receipt of ESA support. If you were still in receipt of ESA support when you applied for UC then you should have been placed into the LCWRA group.
If you were getting the Support Component in your ESA, your UC award should include a Limited Capability for Work Related Activity (LCWRA) Element. Regulation 19(4) of the UC (TP) Regs 2014 (old style ESA) or Regulation 40(1)(a)(ii) of the UC Regs (2013) (new style ESA).
If there was one day break between ESA stopping and you applying for ESA the you would not be eligible to get the LCWRA in your UC claim, you would have to go through the assessment phase.
You may want to ask for an 'any time review'. I would advise you to seek help from your local Welfare Rights Organisation; advicelocal.uk .
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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