Managed Migration from irESA (SG) to UC - Must agree New Style ESA commitment?

Hello,

I applied for UC following a managed migration letter on 10th Jan. Have verified my ID. Online, I agreed a claimant commitment in line with migrating from ESA Support Group (income-related). This was merely to complete the to-do list and inform the DWP of changes of circumstances.

Today I got a message on my journal after a missed call saying this: "Agree a New Style Employment and Support Allowance commitment" via an appointment next week by phone. I have not applied for "New Style ESA", only UC. All I can think is that as I've been on ESA and Income Support before that (chronic illness) for many years, I've amassed enough NI contributions that they are automatically putting me forward for New Style ESA?

On the UC to-do list the extra information about the appointment says:

***"During your interview, we will look at your Universal Credit commitments to see if anything needs changing. This is because of your claim to New Style Employment and Support Allowance (NS ESA)."

I am ready to challenge this via the journal, but need advice as to why this would be happening, and what I should do about it. I have screenshots to prove I have a claimant commitment in place, but I fear they are trying to circumvent it by forcing me to do one for New Style ESA, which presumably would also mean forcing me to get fit notes and have a WCA as well as do work-related activities.

Please advise regarding my rights here. Any suggested wording for a response on the journal, or a complaint would be welcome. I drafted this, but please feel free to suggest amendments.

***"I did not apply for New Style ESA. I am migrating from income-related ESA (Support Group) to Universal Credit and have already agreed a claimant commitment online, stating that I must report changes to my circumstances promptly. This is because I am migrating from the ESA Support Group to Universal Credit.

As I am currently in the ESA Support Group, please note the following: Regulation 19 of The Universal Credit (Transitional Provisions) Regulations 2014 sets out that I bring my Support Group/LCWRA status with me on migration from ESA to UC and I must not therefore be required to provide a fit note as part on the migration process.

According to the law, I am meant to be given LCWRA status under Universal Credit, and be obliged to no claimant commitment beyond reporting a change of circumstances.

I believe there has been an error. Please use the journal to reply, confirming this appointment has been made in error, and will therefore be cancelled. Please also confirm my application is for Universal Credit and not New Style ESA application was made by myself."

Many thanks to forum mods and members for your time and help.

Thank you so much, David, for your reassuring reply. I had no idea my ESA was partially contribution based, but it must be if this is happening, right? If it was full conts-based, then I wouldn't be migrated, so I guess I'm on a mixture of conts-based and income-related ESA. I had no idea!

From your experience, claimants in this position are simply asked to agree to the same commitment they did at the time of their online UC application, which is to inform them of any changes? So, when they say, "we will look at your Universal Credit commitments to see if anything needs changing" (during the interview), this is just automated text and I needn't worry?

Thank you so much for your time, David. The phone interview is next Thursday morning, so I'll post again to say how it went, and hopefully that will be helpful to other forum members facing the same circumstances.

Hi David, I haven't yet received a migration notice but I am otherwise in a similar position to TrueDefective, receiving income related ESA (support group) & expecting to be migrated to UC this year.

I've been trying to read up on others' experiences & have encountered the situation TD described on several forums.

I might have misunderstood, but it seems even if one isn't receiving CB ESA, NI credits received while claiming IR ESA might mean one qualifies to apply for New Style ESA & that whilst this might not result in any increase in payment over applying for just UC (as either the NS ESA pays zero in this case, or is deducted off UC), it might be considered worthwhile by some as it results in further credits for NI that one wouldn't otherwise get. However I'm very unsure about this.

My concern is as described by TD in his opening post within this thread.

AIUI, regulation 19 (The Universal Credit (Transitional Provisions) Regulations 2014) means when being migrated from ESA to UC "Regulation 19 provides that a claimant may be treated as having limited capability for work, or limited capability for work and work-related activity, for the purposes of an award of universal credit, if they were previously entitled to the work-related activity component, or the support component, of old style ESA." (from hbinfo.org/legislation/statutory-instrum...ons-regulations-2014).

In other words, they do not need to have a WCA or (I think) supply fit notes. So someone that is migrated from IR ESA SG goes straight to UC LCWRA without a WCA.

However, I'm given to understand this doesn't apply to an application for NS ESA (NS ESA & UC being distinct benefits) & that the commitments for NS ESA can/will involve a WCA & the need to supply fit notes if requested. Some of these points are discussed in this thread: www.benefitsandwork.co.uk/news/esa-to-uc...r-questions-answered

I'd appreciate clarification on the above & on TD's question: as part of managed migration from IR ESA (SG) to UC, must one agree to apply for NS ESA (with its corresponding commitments), if this is proposed, or can one state one doesn't want to apply for NS ESA & only proceed with the UC migration, relying on reg 19 to avoid the need for a WCA (or the commitment to supply fit notes if asked for, which seems to be part of the process as reported by other claimants)?

If you can't advise on this, can you advise on where a claimant can get a definitive answer? Trying to make sense of all of this whilst dealing with anxiety is a nightmare.

I have lifelong mental health problems, EUPD, depression, anxiety & social phobia. I've been on benefits for 30 years. Contact with people terrifies me, especially authority figures &/or men. I rarely go out the house other than to my local shop & to visit a friend once a fortnight. I lost my wife at the end of 2018 & have been struggling.

I don't see my local GP anymore as I moved house in 2016 & never formed a trusting relationship with any of the doctors at my new practice. Then in early 2018, during a crisis & after seeing a psychiatrist who intended to change my meds, a letter went astray & when I went to see my GP not only did he not have the letter sharing the intended changes, but told me the changes made no sense. I lost what little confidence I had in the doctors - they're both highly qualified & yet not only disagreed on what treatment was best (I appreciate the potential for a nuanced disagreement), but outright contradicted each other. As a result I completed the meds reduction & have been coping without antidepressants since then. I go to my practice for routine blood tests (low thyroid) & would make an appointment for a serious physical issue, but I have avoided going back to them in relation to my mental health.

The thought of having to have a WCA is overwhelmingly distressing. I was migrated from a lifetime award of DLA in 2019 to PIP (currently high care, standard mobility) & found that application process very challenging. I don't want to have to face a WCA if I don't have to. Likewise, agreeing to a commitment to supply fit notes upon request, in the context of the above situation is similarly terrifying.

Please, can you or someone else here help? I signed up today with this site after finding this thread & on recommendation from that friend I mentioned. Thank you for any assistance &/or clarification.