× Members

ESA to UC migration - query regarding partner assessment and carers

More
6 days 7 hours ago #308881 by Idean64
Hello,

I helped my parents with their ESA to UC migration.

Both receive PIP enhanced daily for significant needs. ESA was longstanding under fathers name with SDP entitlement.

Both care for each other as well in certain aspects of life.

However when I helped them set it up, as their was transitional protection and they would not have received more by going through the caring questions, we ticked no to caring and thought to come back to it as the transition element erodes away.

They have had their IDs confirmed in person today.

My mother received an update in the journal today asking for a fit note and to come for a WCA.

She is quite stressed about - going through a difficult time in life with various conditions and external circumstances.

If I am not mistake, if she did say she was caring for my father (and vice versa) then this would avoid a WCA? And if so, do we add a journal entry about it?

I'm not sure what the best thing to do here is!

Appreciate any advice

Please Log in or Create an account to join the conversation.

More
6 days 5 hours ago #308890 by latetrain
Hi Idean64

It is hard to give you accurate advice as we do not have all the facts.

We would advise you to seek help from your local Welfare Rights Specialist; you can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies in your area advicelocal.uk

From the information in your post, I believe that one of your parents should be placed in the LCWRA group and the other on should receive the carer element if they provide care for their partner, they would also not then need to look for work, you do need to get advice from your local Welfare Rights Organisation. you can only claim one LCWRA with joint claims.

Gary

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

Please Log in or Create an account to join the conversation.

More
6 days 5 hours ago #308892 by Idean64
Hi Gary.

Thank you for the reply.

Yes, LCWRA given to father as he was the ESA claimant. mum never got assessed in the ESA claim believe.

I thought she would not need to assessed for UC given its a transition from ESA be but it seems that claiming as a couple in UC automatically results in an assessment for her.

If I put down that they both care for each other and it means my mum will receive carers element and avoids a WCA then it seems to be the simplest route.

Please Log in or Create an account to join the conversation.

More
5 days 6 hours ago #308927 by latetrain
Hi Idean64

You are correct, unless she is a carer, in which case she does not need to be looking for work.

You will be no better off financially in completing the assessment form as you are only eligible for one LCWRA in a joint claim but if you care for your partner then you can claim the carer element.

We would advise you to seek advice from your local Welfare Rights Organisation.

Gary

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

Please Log in or Create an account to join the conversation.

More
1 day 18 hours ago #308995 by Idean64
Good morning Gary.

I've contacted the local CAB and spoke to 2 people. Unfortunately it was more of a sounding board for what I had already knew.

I've looked through things in a bit more detail

Whilst on ESA:
in Support group - limited capability for work addition.
Received severe disability premium (couple)
Received a carer element (for one)

Both receive PIP. enhanced daily living and mobility.

No housing benefit as property is owned.

Current situation - migration to UC> ID checks done. now mum requires a sick note as dad receives the LCWRA.

I did not state they were carers for one another as we were all under the impression it wouldn't change anything due to the transition protection. They do care for one another all the time but just didn't think to add this.

The only thing that CAB raised that I did not know was that by stating mum is a carer - the transition element might be lost (but not certain at all). Is this true?

If it does not do this then going down the carer route avoids the sick notes/UC50 and assessment for mum. They would receive LCWRA + carers + transition protection? I don't see any issues unless they really would lose the transition protection.

Alternatively mum goes down the assessment route - would they still receive the full entitlement whilst being assessed?

Please Log in or Create an account to join the conversation.

More
4 hours 29 minutes ago #309030 by latetrain
Hi Idean64

Your mum needs to inform her work coach that she is a carer for her husband that way she will not have to provide fit notes and she will be entitled to claim the care element in their UC award and it should not affect their TP, providing TP has not already been calculated, if it has and you are in your first assessment period you may be able to for it to be recalculated.

Remember over time TP will be eroded to nil.

Gary

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

Please Log in or Create an account to join the conversation.

Moderators: GordonlatetrainBISCatherineChrisDavidAngel