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ESA Support to UC September 2018
- David
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1 year 7 months ago #280032 by David
ESA Support to UC September 2018 was created by David
Moved home to same local authority September 2018, thrown into UC without warning, took away my WRWRA payment. Journal tennis to have it reinstated , same post I've to go for a WCA outcome was a joke, now have the lesser payment (loosing over £200) as the forum are aware. Now have to meet with a coach, meantime I've been handing in fitnotes (for illness they know about in first place) Spent 5 years maintaining I'm in the wrong group, asking for another medical, mandatory reconsideration again laughable. My journal is an amazing read. Now moving home and realised I've never claimed Disability Premium my severe premium was always there. (Took some time to have this reinstated) plus read all the rules about how the migration and wca were illegal technically.
Their answer today, I'm wrong, and thank you.
Aaaarrrrghhhhh these people have made me I'll
Their answer today, I'm wrong, and thank you.
Aaaarrrrghhhhh these people have made me I'll
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- Gordon
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1 year 7 months ago #280060 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Support to UC September 2018
David
I know you were moved to UC in 2018 from a previous post, was there any break in your ESA claim, even if a single day, before you claimed UC?
Gordon
I know you were moved to UC in 2018 from a previous post, was there any break in your ESA claim, even if a single day, before you claimed UC?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- David
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1 year 7 months ago #280170 by David
Replied by David on topic ESA Support to UC September 2018
Thanks for your reply
Not a single second of a break
Not a single second of a break
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- Gary
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1 year 7 months ago #280201 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic ESA Support to UC September 2018
Hi David
You need to seek specialist advice from your local Welfare Rights Organisation: advicelocal.uk .
What is important to note is that, once a decision has been made that a claimant is in the WRAG or the Support Group, then, even if the recommended review date comes and goes without the claimant being put through another WCA, the DWP cannot take away that status (ie supersede the decision) simply because someone has not yet been re-assessed!
Regulation 6 (2)(r) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 states that an ESA decision may be superseded if a Healthcare Professional has provided the decision maker with medical evidence. In other words, a decision maker cannot remove the WRAG or Support Component unless a further WCA has taken place.
1. 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.
2. Regulation 6(2)(r) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (for IR-ESA) and Reg 26 of the Universal Credit, PIP, JSA and ESA (Decisions and Appeals) Regulations 2013 (for UC and New-Style ESA), both say that decisions on the WRAG/Support group for ESA and on the Limited Capability for Work/Work Related Activity in UC cannot be superseded - ie taken away - without evidence from a Healthcare Professional.
Therefore, even where the WCA review date has passed, the DWP cannot refuse to include a LCW /LCWRA Element in the UC assessment until a review WCA has been completed ie evidence from a Healthcare Professional received.
Gary
You need to seek specialist advice from your local Welfare Rights Organisation: advicelocal.uk .
What is important to note is that, once a decision has been made that a claimant is in the WRAG or the Support Group, then, even if the recommended review date comes and goes without the claimant being put through another WCA, the DWP cannot take away that status (ie supersede the decision) simply because someone has not yet been re-assessed!
Regulation 6 (2)(r) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 states that an ESA decision may be superseded if a Healthcare Professional has provided the decision maker with medical evidence. In other words, a decision maker cannot remove the WRAG or Support Component unless a further WCA has taken place.
1. 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.
2. Regulation 6(2)(r) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (for IR-ESA) and Reg 26 of the Universal Credit, PIP, JSA and ESA (Decisions and Appeals) Regulations 2013 (for UC and New-Style ESA), both say that decisions on the WRAG/Support group for ESA and on the Limited Capability for Work/Work Related Activity in UC cannot be superseded - ie taken away - without evidence from a Healthcare Professional.
Therefore, even where the WCA review date has passed, the DWP cannot refuse to include a LCW /LCWRA Element in the UC assessment until a review WCA has been completed ie evidence from a Healthcare Professional received.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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