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Transfer to UC
- Lynz
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2 months 3 weeks ago #295100 by Lynz
Transfer to UC was created by Lynz
In November 2024 my husband will draw his pension currently he is the lead name on our existing ESA award, wnich we have been receiving for approximately 10 years, because of this we have been told that because it's another 18 months before I draw my pension, I will need to make my own claim for UC.
At the moment we receive
Limited capability for work
Extra money because we are severely disabled
Extra because we get disability income guarantee
Extra money because we're in support group
ESA living expenses for both of us
Housing benefit
Reduced council tax
My husband gets enhanced rate for PIP (to be reviewed in 2033)
I receive PIP daily living standard amount and mobility enhanced amount ( to be reviewed in 2033)
I understand the PIP doesn't come into it but apart from that I am really worried and confused any help would be really appreciated.
I am extremely confused and worried that I will not be able to claim these existing benefits we get on my UC claim
Will I need to attend an assessment for limited capabilityfor work?
At the moment we receive
Limited capability for work
Extra money because we are severely disabled
Extra because we get disability income guarantee
Extra money because we're in support group
ESA living expenses for both of us
Housing benefit
Reduced council tax
My husband gets enhanced rate for PIP (to be reviewed in 2033)
I receive PIP daily living standard amount and mobility enhanced amount ( to be reviewed in 2033)
I understand the PIP doesn't come into it but apart from that I am really worried and confused any help would be really appreciated.
I am extremely confused and worried that I will not be able to claim these existing benefits we get on my UC claim
Will I need to attend an assessment for limited capabilityfor work?
- David
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2 months 3 weeks ago #295104 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Transfer to UC
Hi Lynz,
I would be interested to know who told you that you had to claim UC?
In November when your husband gets his state pension you will be classed as a Mixed Age Couple ( MAC )
There are many instances of MACs being allowed to remain on ESA ( Income Based ) and Housing Benefit.
It is a complicated issue and the exact details of your current Benefit claims need investigating.
I think it's important not to be rushed into claiming UC as the DWP have designed it so that the very day you claim UC all your previous Benefits (known as Legacy ) are stopped permanently and cannot be reclaimed.
I would find the email of your Housing Benefit department and write the following:
" I have been told by a Benefits Adviser that according to Housing Benefit Circular A11/2020 some mixed age couples in receipt of the Severe Disability Premium may remain in receipt of Housing Benefit and need not claim UC. Guidance issued via circular A11/2020, which provided guidance about the closure of the SDP gateway, stated at paragraph 9 that those couples who had remained on working age HB as their award included a Severe Disability Premium would remain on working age HB until there was a change of circumstance which meant they should move to UC. This advice remains in force following the changes that were made by the 2022 regulations."
Let me know how you get on,
David
I would be interested to know who told you that you had to claim UC?
In November when your husband gets his state pension you will be classed as a Mixed Age Couple ( MAC )
There are many instances of MACs being allowed to remain on ESA ( Income Based ) and Housing Benefit.
It is a complicated issue and the exact details of your current Benefit claims need investigating.
I think it's important not to be rushed into claiming UC as the DWP have designed it so that the very day you claim UC all your previous Benefits (known as Legacy ) are stopped permanently and cannot be reclaimed.
I would find the email of your Housing Benefit department and write the following:
" I have been told by a Benefits Adviser that according to Housing Benefit Circular A11/2020 some mixed age couples in receipt of the Severe Disability Premium may remain in receipt of Housing Benefit and need not claim UC. Guidance issued via circular A11/2020, which provided guidance about the closure of the SDP gateway, stated at paragraph 9 that those couples who had remained on working age HB as their award included a Severe Disability Premium would remain on working age HB until there was a change of circumstance which meant they should move to UC. This advice remains in force following the changes that were made by the 2022 regulations."
Let me know how you get on,
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
- Lynz
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2 months 3 weeks ago #295112 by Lynz
Replied by Lynz on topic Transfer to UC
Hi
Hi
Thank you for getting back to me so quickly, to answer your question the information was given to me via an online chat, I think it was citizens advice.
So just so I know I've got it right, are you saying for me to contact via email the HB using the email you kindly gave me in your last reply and just leave ESA as it is until they get back to me and say I need to apply for UC ?
Am I right in thinking the amount my husband gets for his pension ESA will reduce our payments automatically, or do I just contact them with the change of circumstances- to tel them about my husbands pension? that will be the only change because we have no private pensions?
I look forward to hearing from you. Lynz
Hi
Thank you for getting back to me so quickly, to answer your question the information was given to me via an online chat, I think it was citizens advice.
So just so I know I've got it right, are you saying for me to contact via email the HB using the email you kindly gave me in your last reply and just leave ESA as it is until they get back to me and say I need to apply for UC ?
Am I right in thinking the amount my husband gets for his pension ESA will reduce our payments automatically, or do I just contact them with the change of circumstances- to tel them about my husbands pension? that will be the only change because we have no private pensions?
I look forward to hearing from you. Lynz
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- David
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2 months 3 weeks ago #295129 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Transfer to UC
Hi Lynz,
I used to do Citizens Advice web chat and it is generalist advice and is not supposed to be in depth on Benefits.
"So just so I know I've got it right, are you saying for me to contact via email the HB using the email you kindly gave me in your last reply and just leave ESA as it is until they get back to me and say I need to apply for UC ?" Yes we need to get HB's reply regarding the complicated matter of the SDP Gateway. ( Severe Disability Premium ) You can also send them this link which is the notification of the SDP Gateway that they would have originally received (see Paragraph 8 )
www.gov.uk/government/publications/housi...20their%20UC%20claim.
"Am I right in thinking the amount my husband gets for his pension ESA will reduce our payments automatically, or do I just contact them with the change of circumstances- to tel them about my husbands pension? that will be the only change because we have no private pensions?"
When you and your husband signed the declaration on the ESA form you agree to inform them of any change of circumstances.
But you can wait until the end of October if you the pension starts in November. As you are receiving means tested Benefits their will be a lot of new calculations that HB/ESA will have to do. But I would not worry about that now. The main thing is to get the HB reply.
David
I used to do Citizens Advice web chat and it is generalist advice and is not supposed to be in depth on Benefits.
"So just so I know I've got it right, are you saying for me to contact via email the HB using the email you kindly gave me in your last reply and just leave ESA as it is until they get back to me and say I need to apply for UC ?" Yes we need to get HB's reply regarding the complicated matter of the SDP Gateway. ( Severe Disability Premium ) You can also send them this link which is the notification of the SDP Gateway that they would have originally received (see Paragraph 8 )
www.gov.uk/government/publications/housi...20their%20UC%20claim.
"Am I right in thinking the amount my husband gets for his pension ESA will reduce our payments automatically, or do I just contact them with the change of circumstances- to tel them about my husbands pension? that will be the only change because we have no private pensions?"
When you and your husband signed the declaration on the ESA form you agree to inform them of any change of circumstances.
But you can wait until the end of October if you the pension starts in November. As you are receiving means tested Benefits their will be a lot of new calculations that HB/ESA will have to do. But I would not worry about that now. The main thing is to get the HB reply.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Lynz
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2 months 3 weeks ago #295142 by Lynz
Replied by Lynz on topic Transfer to UC
Thank you David, I'll get onto that in the morning and will contact DWP about the change of circumstances with regards to our existing ESA claim it's all so confusing, and worries me in case I get something wrong. I will let you know any updates, and thank you again for your help with this.
Lynz
Lynz
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- Lynz
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2 months 3 weeks ago #295339 by Lynz
Replied by Lynz on topic Transfer to UC
Hi, Im sorry to trouble you again, but I've just been reading an article that says everyone claiming ESA will be sent a letter in September regarding migration to UC. We havent received anything from DWP so do you think it's probably because they are running behind with the notifications going out, or do you think I should contact them? Also should I still wait until the end of October, to inform them about our change in circumstances, that will happen in November 2024 when my husband gets his pension?
Thank you again Lynz
Thank you again Lynz
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