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ESA to UC in 2018 Non Full Service Area
- David
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1 year 7 months ago #280260 by David
ESA to UC in 2018 Non Full Service Area was created by David
Hi
Can anyone tell me the actual regulations for an ESA Support group Claimant (Single) who Moved home within the same local authority 1 September 2018, then told to claim Housing benefit from UC,
-Lost the LCWWRA and Severe Disablement immediately, fought for LCWWRA back to be sent for a WCA, loose it again, then loose appeals but not tribunal.
I did eventually receive SDA back, not enhanced tho...
Was there a law to stop this migration ( I believe so)
Was there a rule to stop reassessment for groups?
5 years I have been saying I'm in the wrong group, they play swings and roundabouts, don't answer questions with no continuity.
There is also a PIP award which was claimed for before the UC migration although payment started afterwards. It's for Middle Care and Enhanced mobility,
I hope this makes sense.
I know I cannot go back, my point is they shouldn't have moved or reassessed. I am being treated differently.
One of the replies to a question I received was - "this is going through courts" with no answer.
Can anyone tell me the actual regulations for an ESA Support group Claimant (Single) who Moved home within the same local authority 1 September 2018, then told to claim Housing benefit from UC,
-Lost the LCWWRA and Severe Disablement immediately, fought for LCWWRA back to be sent for a WCA, loose it again, then loose appeals but not tribunal.
I did eventually receive SDA back, not enhanced tho...
Was there a law to stop this migration ( I believe so)
Was there a rule to stop reassessment for groups?
5 years I have been saying I'm in the wrong group, they play swings and roundabouts, don't answer questions with no continuity.
There is also a PIP award which was claimed for before the UC migration although payment started afterwards. It's for Middle Care and Enhanced mobility,
I hope this makes sense.
I know I cannot go back, my point is they shouldn't have moved or reassessed. I am being treated differently.
One of the replies to a question I received was - "this is going through courts" with no answer.
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- Gordon
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1 year 7 months ago #280269 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA to UC in 2018 Non Full Service Area
David
Forgive me but we have already given our best advice, you need to speak to a Welfare Rights Officer about this issue, someone who can actually look at the paperwork for the various Decisions you are concerned about.
As it stands I cannot see a specific reason why you would have been required to claim UC for a move within the same Local Authority but this is based solely on the information you have provided.
However, as you point out this may be moot as you are now on UC, although there has been some precedent for the DWP providing incorrect advice.
Gordon
Forgive me but we have already given our best advice, you need to speak to a Welfare Rights Officer about this issue, someone who can actually look at the paperwork for the various Decisions you are concerned about.
As it stands I cannot see a specific reason why you would have been required to claim UC for a move within the same Local Authority but this is based solely on the information you have provided.
However, as you point out this may be moot as you are now on UC, although there has been some precedent for the DWP providing incorrect advice.
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 #280271 by David
Replied by David on topic ESA to UC in 2018 Non Full Service Area
Thanks, and forgive me if I've used the forum incorrectly, however my first sentence asked if anyone knew the actual regulations.
Sorry, I'll think I'll just drop it. Too much.
Sorry, I'll think I'll just drop it. Too much.
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- Gordon
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1 year 7 months ago #280275 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA to UC in 2018 Non Full Service Area
David
It is not that you are using the forum incorrectly, both Gary and I have advised that the best way for you to have any chance of progressing this issue is for you to get face-to-face advice, we simply cannot offer the level of support you need on the forum.
As to the legislation, UC was implemented across the country by postcode, there are literally dozens of Special Instruments activating UC for a range of postcodes.
And to the specific legislation you are asking about, that is not how UC works. Each SI stopped new claims for what are now called legacy benefits, one of these is Housing Benefit, so the only reason you should have needed to claim UC was because you needed to make a new claim for HB, moving within your LA should have been an amendment to your existing HB claim.
However, in 2018 many areas were in testing mode and the rules that we now use may not have applied, there was also a lot of confusion over what those rules were by DWP and LA staff.
I for one cannot research this for you.
Gordon
It is not that you are using the forum incorrectly, both Gary and I have advised that the best way for you to have any chance of progressing this issue is for you to get face-to-face advice, we simply cannot offer the level of support you need on the forum.
As to the legislation, UC was implemented across the country by postcode, there are literally dozens of Special Instruments activating UC for a range of postcodes.
And to the specific legislation you are asking about, that is not how UC works. Each SI stopped new claims for what are now called legacy benefits, one of these is Housing Benefit, so the only reason you should have needed to claim UC was because you needed to make a new claim for HB, moving within your LA should have been an amendment to your existing HB claim.
However, in 2018 many areas were in testing mode and the rules that we now use may not have applied, there was also a lot of confusion over what those rules were by DWP and LA staff.
I for one cannot research this for you.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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