- Posts: 22
- Forum
- Members forums
- ESA, PIP and DLA Queries and Results
- UC for housing costs and ESA contributions based
× Members
UC for housing costs and ESA contributions based
- Vangel
- Topic Author
- Offline
Less More
3 months 2 days ago #294831 by Vangel
UC for housing costs and ESA contributions based was created by Vangel
Hi Steve Catherine teams is nee a while ..
I’m receiving ESA contribution based in supprt group . I don’t receive esa income based although I could of applied for it so assisting migration mid 2025 as my youngest competes college and I will need to apply for help with housing costs . In doing so 8 years on on Esa cb since loosing my job to ill health I’m I and others in my situation required to complete another ESa50 ? If akready receiving and in that Patti list group. ? I understand that they may ask and there’s excemptions . I found no enough info on this . Are you able to respond ? I have checked with citizens advice info thees no much and I faced much humiliation going through the PCA years ago . Is very distressing . I rather not bother claim but I need help with my rent I wish a miracle and I could try getting back to work ..faced with multible serious health conditions including a new c diagnoses . My mum passed away and in much deep grief all anxiety stress. I pray everyone will be ok and thank you for any reply . God help us all ❣️🙌
I’m receiving ESA contribution based in supprt group . I don’t receive esa income based although I could of applied for it so assisting migration mid 2025 as my youngest competes college and I will need to apply for help with housing costs . In doing so 8 years on on Esa cb since loosing my job to ill health I’m I and others in my situation required to complete another ESa50 ? If akready receiving and in that Patti list group. ? I understand that they may ask and there’s excemptions . I found no enough info on this . Are you able to respond ? I have checked with citizens advice info thees no much and I faced much humiliation going through the PCA years ago . Is very distressing . I rather not bother claim but I need help with my rent I wish a miracle and I could try getting back to work ..faced with multible serious health conditions including a new c diagnoses . My mum passed away and in much deep grief all anxiety stress. I pray everyone will be ok and thank you for any reply . God help us all ❣️🙌
The following user(s) said Thank You: KimABT
- Gary
- Offline
Less More
- Posts: 8194
3 months 5 hours ago #294879 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic UC for housing costs and ESA contributions based
Hi Vangel
To get help with housing costs, you will have to apply for Universal Credit unless you live in exempt accommodation or you are state pension age and not a mixed aged couple, in which case you can apply for Housing Benefit.
If you live in a general needs property then you have to claim UC, you still keep your CB ESA which is paid fortnightly but this is deducted from your UC applicable amount, which is paid monthly.
We would advise you to seek help from your local Welfare Rights Organisation; advicelocal.uk , they will be able to explain the process.
Gary
To get help with housing costs, you will have to apply for Universal Credit unless you live in exempt accommodation or you are state pension age and not a mixed aged couple, in which case you can apply for Housing Benefit.
If you live in a general needs property then you have to claim UC, you still keep your CB ESA which is paid fortnightly but this is deducted from your UC applicable amount, which is paid monthly.
We would advise you to seek help from your local Welfare Rights Organisation; advicelocal.uk , they will be able to explain the process.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
- Vangel
- Topic Author
- Offline
Less More
- Posts: 22
2 months 4 weeks ago #294936 by Vangel
Replied by Vangel on topic UC for housing costs and ESA contributions based
Hi Gary grateful for your reply however isn’t answering my question fully . I am a single parent I receive housing benefit as one of the old claimants . My question is if I can apply for UC just for the housing rent part when invited to , will I still be required to complete any new ESA50 as I’m already receiving esa contributions based and in the support group this is causing me stress .
Also labour PM has announced today that all people on sickness benefits should return to work ( because of their past errors ) we are in a mess and the valnurable has to have more sanctions imposed ? No everyone is able to return and no everything is about been off work long term and anxiety.. is about been able to sustain a job and if not , to have security and no loose present support and rent / Ct help . Is anyone responding ? I I do hope if they are making such decisions impacting many thst they will have to have support in place without pinalising us further 🙌
Thank you again for any reply and comments .
Also labour PM has announced today that all people on sickness benefits should return to work ( because of their past errors ) we are in a mess and the valnurable has to have more sanctions imposed ? No everyone is able to return and no everything is about been off work long term and anxiety.. is about been able to sustain a job and if not , to have security and no loose present support and rent / Ct help . Is anyone responding ? I I do hope if they are making such decisions impacting many thst they will have to have support in place without pinalising us further 🙌
Thank you again for any reply and comments .
- Gary
- Offline
Less More
- Posts: 8194
2 months 4 weeks ago #294972 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic UC for housing costs and ESA contributions based
Hi Vangel
As you are in the support group, when you apply for UC you should go straight onto the LCWRA group without having to undergo a new WCA, however nothing stops DWP from issuing you a review form shortly after going on to UC.
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.
We are finding that when someone moves from ESA to UC, the UC dept generally refer them for a review of their work capability ie a Work Capability Assessment - this includes those who may only just have had one for their ESA award, and those who may not be due a review for several years.
The UC dept are able to review someone's work capability at any time because the UC Regulations allow the them to refer a claimant for a new Work Capability Assessment.
So there is little that can be done accept go along the DWP's request ie complete a medical questionnaire / attend a medical.
Gary
As you are in the support group, when you apply for UC you should go straight onto the LCWRA group without having to undergo a new WCA, however nothing stops DWP from issuing you a review form shortly after going on to UC.
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.
We are finding that when someone moves from ESA to UC, the UC dept generally refer them for a review of their work capability ie a Work Capability Assessment - this includes those who may only just have had one for their ESA award, and those who may not be due a review for several years.
The UC dept are able to review someone's work capability at any time because the UC Regulations allow the them to refer a claimant for a new Work Capability Assessment.
So there is little that can be done accept go along the DWP's request ie complete a medical questionnaire / attend a medical.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
- Vangel
- Topic Author
- Offline
Less More
- Posts: 22
2 months 2 weeks ago #295278 by Vangel
Replied by Vangel on topic UC for housing costs and ESA contributions based
Gary thanks so much for the clarity and informative reply. I understand .
Shouldn’t the relevant organisations campaign for this unfair loopholes ? Is vey stressful for many the process . 🙌
Much Gratitude
Shouldn’t the relevant organisations campaign for this unfair loopholes ? Is vey stressful for many the process . 🙌
Much Gratitude
The following user(s) said Thank You: KimABT
- Vangel
- Topic Author
- Offline
Less More
- Posts: 22
2 months 2 weeks ago #295279 by Vangel
Replied by Vangel on topic UC for housing costs and ESA contributions based
Gary and yeahs also I’m not moving from Esa to UC I receive ESA contribution based only CB HB CTR PIP .
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David