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UC migration from ESA support group as a couple

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1 month 2 weeks ago #296624 by NY
My partner and I have both had M.E. for over 20 years. Initially we had separate Incapacity Benefit claims, but when we got moved to irESA we had to make one claim for the household; I am the named claimant. Since being put on irESA, I've been through 3 WCA processes, resulting in two appeal hearings and one mandatory reconsideration [all successful, the MR thanks to a complaint by my MP], but my partner hasn't been reassessed at all. I also had to complete the Work Programme, while he didn't. Basically the DWP seem to have forgotten about him, except that we receive benefit at the couple rate. A few years ago, after the second appeal, I was moved into the ESA support group and our benefit rate went up.

We're wondering what will happen specifically to my partner when we "migrate" to UC. I understand that my LCWRA status will come with me, but does my partner share that status, despite not having been involved in the WCA/ appeal process where I was put in the support group?

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A separate issue is that we had our first child a year ago, and haven't had any acknowledgement from the DWP of this change in circumstances - notified in writing but with no proof of postage etc. Shouldn't this change have triggered a "natural migration" to UC? We would be financially better off on UC as we can't make a new claim for Child Tax Credits, but we are very worried about my partner having to attend interviews etc if he doesn't have LCWRA status, or having to go through a WCA process (and likely an appeal), either of which would be exhausting and detrimental to health. If the DWP have lost/ not received/ not processed our notification of the change, is it in our interest to chase it up? Is it our responsibility to do so? (We applied for and got a Maternity Grant, so they are aware of the change somewhere in the system!) Or could we/ should we wait for "mandatory migration"?
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1 month 2 weeks ago #296632 by David
Hi NY,

When you migrate to UC then you will be automatically moved from the ESA Support group to the UC LCWRA group. However your partner will be asked firstly to supply Fit Notes and secondly to attend the DWP medical known as the WCA ( Work Capabilities Assessment ). If he declines to do this then he will be placed in the All Work Requirements Conditionality group and will need to discuss employment with his Work Coach. Even if he refuses to attend the WCA the Work Coach needs to take into account his health condition when discussing work and reduce his " expected hours of work " from the standard 35 hours per week. It can be reduced to as little as one hour per week so basically a token amount. But that is the prerogative of the Work Coach.

No one is forced to claim UC. What normally happens is there is a change of circumstances and the old Legacy Benefit is closed. For instance moving from one Local Authority to another which ends Housing Benefit and means you have to claim UC to get rental housing assistance. In your case a new child does not force you to claim UC but you no longer can make a new claim to CTC. You say you will be better off on UC so at the end of the day the decision is yours. You could use a Benefits calculator such as entitledto.co.uk to preview the various scenarios.

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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1 month 1 week ago #296722 by NY
Thanks for this.

My partner has been through the WCA previously, before we had to merge our claims (on Incapacity Benefit and on contribution-based ESA). He had also been on IB/ESA long enough to stop having to provide fit notes. He is receiving irESA now, but under my claim. So does he not bring any kind of LCW/LCWRA status with him?

The financial consideration is not the only factor for us - having been through multiple appeals before, and the work programme, we know the toll that takes on our health, and we don't know how we can deal with that and look after our baby. So putting that off may be worth the financial loss for us. That's why I'm trying to work out what situation my partner will be in when we switch.
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1 month 1 week ago #296728 by David
Hi NY,

He probably still has underlying entitlement to ESA and won't need another WCA medical.
I would phone ESA and ask this question.
Let me know how you get on.

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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