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Awaiting ESA assessment decision but also now migrating?

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3 months 1 day ago #298336 by ellesbelles036
Hi
This is a question about how to manage ESA migration to UC when the ESA group hasn't yet been decided.

Claimant (my sister) receives Standard Allowance under ESA. She's been waiting for a decision on WRA or Support group since October 2024.
She received an ESA premium as well, until recently, but her PIP has just been stopped a couple weeks ago and is currently under appeal.

My question is should she request a delay or an extension on the migration to UC until her ESA decision has been made? If she migrates to UC now, before the ESA decision, will the ESA decision still be made and 'migrate' with her to UC even if it's a couple months later? Or will the ESA decision be nullified / not made as a result of migrating to UC and therefore she will need to resubmit all the health documentation to UC instead, thereby missing out on the transitional protection?

I've hunted everywhere for other examples of this specific scenario and not found anything. My gut says she shouldn't migrate until the ESA decision is finalised and she needs to request an extension to the UC migration deadline.

Do you have any advice?

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3 months 1 hour ago #298413 by BIS
Hi ellesbelles036

If the migration process has started then I don't think they will delay it. I have heard of other people having to fight for reinstatement of their transitional protection. However, you can always ask.

BIS

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