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moving from Esa support group to UC due to change of circumstances
- dee
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4 days 13 hours ago #298204 by dee
moving from Esa support group to UC due to change of circumstances was created by dee
Hi, I hoping to get some help, please.
My sister has been in a support group for over 15 years due to her mental health she is 35.
She recently moved into a new borough to be near family for support , she moved over the Christmas period so we applied for housing benefit and council tax benefits.
We have been advised that she cant claim for housing benefits or council tax as she now needs to move to UC. The email said that we can appeal the decision ?, her ESA support payments are still being paid ,so i just need to get the housing benefit in place.
My question is does she have to now change to new UC ( she in the support group) OR
Should i appeal to the housing benefit dept and try to keep her on the Esa support
Can anyone please help
Thanks Dee
My sister has been in a support group for over 15 years due to her mental health she is 35.
She recently moved into a new borough to be near family for support , she moved over the Christmas period so we applied for housing benefit and council tax benefits.
We have been advised that she cant claim for housing benefits or council tax as she now needs to move to UC. The email said that we can appeal the decision ?, her ESA support payments are still being paid ,so i just need to get the housing benefit in place.
My question is does she have to now change to new UC ( she in the support group) OR
Should i appeal to the housing benefit dept and try to keep her on the Esa support
Can anyone please help
Thanks Dee
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- Gary
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4 days 12 hours ago #298209 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic moving from Esa support group to UC due to change of circumstances
Hi dee
Welcome to the forum.
You have not said which type of ESA your sister gets so we cannot give you an exact answer your question.
As your sister has changed local then her housing benefit will stop and she will have to apply to UC to claim a housing element. You were wrongly advised when you were told you cannot claim Council tax benefit, although it is now called Council tax support.
If your sister is in receipt of IR ESA then she will need to apply for UC, providing there is no break in her claim then she should get the LCWRA element when she applies and she will not have to provide a 'fit note' .
If your sister is in receipt of CB ESA then she can keep this benefit but it will be deducted £ for £ from her UC claim
We would advise you to seek help from your local Welfare Rights Organisation for accurate advice based on your sister's circumstances.
Gary
Welcome to the forum.
You have not said which type of ESA your sister gets so we cannot give you an exact answer your question.
As your sister has changed local then her housing benefit will stop and she will have to apply to UC to claim a housing element. You were wrongly advised when you were told you cannot claim Council tax benefit, although it is now called Council tax support.
If your sister is in receipt of IR ESA then she will need to apply for UC, providing there is no break in her claim then she should get the LCWRA element when she applies and she will not have to provide a 'fit note' .
If your sister is in receipt of CB ESA then she can keep this benefit but it will be deducted £ for £ from her UC claim
We would advise you to seek help from your local Welfare Rights Organisation for accurate advice based on your sister's circumstances.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- dee
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4 days 11 hours ago #298218 by dee
Replied by dee on topic moving from Esa support group to UC due to change of circumstances
Thanks for your reply ,
Shes i sin the support group ,
This is the response from the local council
As Sarah has had a change and moved from into this borough , this would mean she must now claim Universal Credit.
There are a few exceptions as some people are allowed to stay on Esa (in the support group) ,but we have looked carefully at her circumstances and do not believe that she falls into one of these exceptions so you cannot make a claim for Housing Benefit. This is because Sarah has had a change of circumstances by moving from one borough to another. This would mean she now needs to claim Universal Credit.
I was advised that the council information is incorrect and the council try to move everyone to UC , and she is allowed to stay on the ESA support group so she should appeal the councils decision,? Thanks Dee
Shes i sin the support group ,
This is the response from the local council
As Sarah has had a change and moved from into this borough , this would mean she must now claim Universal Credit.
There are a few exceptions as some people are allowed to stay on Esa (in the support group) ,but we have looked carefully at her circumstances and do not believe that she falls into one of these exceptions so you cannot make a claim for Housing Benefit. This is because Sarah has had a change of circumstances by moving from one borough to another. This would mean she now needs to claim Universal Credit.
I was advised that the council information is incorrect and the council try to move everyone to UC , and she is allowed to stay on the ESA support group so she should appeal the councils decision,? Thanks Dee
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- Gary
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13 hours 8 minutes ago #298375 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic moving from Esa support group to UC due to change of circumstances
Hi dee
Unfortunately the Council is correct, as your sister has changed local authority and has to claim help with her rent the she will have to apply for UC to claim the housing element.
As your sister is in the support group, providing there is not a break in her ESA claim before applying for UC, your sister should be moved onto the LCWRA group when applying for UC and should not be required to provide a 'fit note'.
Gary
Unfortunately the Council is correct, as your sister has changed local authority and has to claim help with her rent the she will have to apply for UC to claim the housing element.
As your sister is in the support group, providing there is not a break in her ESA claim before applying for UC, your sister should be moved onto the LCWRA group when applying for UC and should not be required to provide a 'fit note'.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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