Moving from ESA to Universal Credit

ikcdab · 24 November 2017 at 11:29PM

I am 25, single, living with parents. I am being paid PIP (higher rate daily living and standard rate mobility) and ESA work related group.
I live in a UC full service area.
I am unemployed and unable to work - hence the PIP and ESA.
I have been paid the two benefits since before April 2017.
I am now moving to independant living in private rented accommodation.
I now need to claim housing allowances and council tax credit.
I know that to do so I need to make a new claim for UC. I am concerned about this as the PIP and ESA were hard won and I do not want to jeapordise them. My questions are:

1. When I make the UC claim, will my ESA immediately stop and then I need to wait the usual waiting periods until the UC kicks in?
2. If so, will I get no money during the waiting period, or would the UC get backdated to the date I make the claim?
3. I understand I am eligible for the Limited Capability for Work Related Activity element of UC because I have current awards for ESA and PIP. If so, is this an automatic 'add on' or will I have to undertake a new work capability assessment? This to me is the critical question. How certain is it that I will be eligible for this payment?
4. Under the 'old system', with housing benefit I would have been eligible for the shared room rate, but as I claim PIP this would have been upgraded to single room rate. Is this 'upgrade' still paid with the housing element of UC?
5. Whatever happens, I assume that my PIP will be totally unaffected.
6. The online calculators seem to suggest that I could get paid £317 basic UC allowance, LCWRA of £318, housing element single room rate £368. This makes £1003 plus my PIP and council tax support. This is more money than I expected which seems at odds with the general thrust of UC.

Finally, I am posting here because I have been unable to find the answers to these questions anywhere else. I rang the UC helpline but was given some responses that I know are wrong. I would go to the job centre and ask them, but I am unwilling to raise my profile until I know I am going to make the claim.

Thank You

pmlindyloo · 25 November 2017 at 11:12AM

ikcdab wrote: »

I am 25, single, living with parents. I am being paid PIP (higher rate daily living and standard rate mobility) and ESA work related group.
I live in a UC full service area.
I am unemployed and unable to work - hence the PIP and ESA.
I have been paid the two benefits since before April 2017.
I am now moving to independant living in private rented accommodation.
I now need to claim housing allowances and council tax credit.
I know that to do so I need to make a new claim for UC. I am concerned about this as the PIP and ESA were hard won and I do not want to jeapordise them. My questions are:

1. When I make the UC claim, will my ESA immediately stop and then I need to wait the usual waiting periods until the UC kicks in?
2. If so, will I get no money during the waiting period, or would the UC get backdated to the date I make the claim?
3. I understand I am eligible for the Limited Capability for Work Related Activity element of UC because I have current awards for ESA and PIP. If so, is this an automatic 'add on' or will I have to undertake a new work capability assessment? This to me is the critical question. How certain is it that I will be eligible for this payment?
4. Under the 'old system', with housing benefit I would have been eligible for the shared room rate, but as I claim PIP this would have been upgraded to single room rate. Is this 'upgrade' still paid with the housing element of UC?
5. Whatever happens, I assume that my PIP will be totally unaffected.
6. The online calculators seem to suggest that I could get paid £317 basic UC allowance, LCWRA of £318, housing element single room rate £368. This makes £1003 plus my PIP and council tax support. This is more money than I expected which seems at odds with the general thrust of UC.

Finally, I am posting here because I have been unable to find the answers to these questions anywhere else. I rang the UC helpline but was given some responses that I know are wrong. I would go to the job centre and ask them, but I am unwilling to raise my profile until I know I am going to make the claim.

Thank You

1. Your ESA will stop on the date that your UC award begins (believe you may receive 2 weeks of ESA as it is paid 2 weeks in arrears.) You will then need to wait the usual period for UC but there will be no initial 7 days wait as is for a new claim. You can ask for a short term advance of UC.

2. Yes, UC will be backdated to the end of your ESA claim.

3. You should receive your work related activity element of UC as your award was made before April 2017. There should be no need for a WCA.

4. Yes, if you receive daily living of PIP then you would be entitled to the one bed rate under UC.

5. PIP will be unaffected.

6. I think you will receive standard rate £317.82 plus £126.11 for what was WRAG in ESA. £318.76 is, I believe, for those who were in the Support group).

This is a useful link:

http://www.cpag.org.uk/content/ask-cpag-online-how-does-natural-migration-universal-credit-happen

However, natural migration when you have to claim a new means tested benefit in a full service UC area does not always go smoothly.

People have been called for WCAs, not been given their ESA component, have had their ESA continue and received UC at the same time etc etc

Hopefully yours will go smoothly and if they mess it up then go to CAB for some help in putting it right.

epitome · 25 November 2017 at 1:27PM

Hi OP

The rates you quoted are Support Group
WRAG would get the rate quoted above, i.e. the same as you get now.

My understanding is that your ESA continues to pay while they process your UC, and then the amount you got paid on ESA is offset against the arrears of UC...so you won't see any real difference, except at some point you will have to start waiting 4 weeks for your next payment, so make sure you budget for this. I could be wrong, and your ESA could stop with a slight overpayment (which will be offset against UC arrears), if your ESA stops you can ask UC for STBA loans.

You will remain in the WRAG, and get the WRAG rate of UC, but there is no requirement for the DWP to not assess you again until you would have been assessed again under ESA.... (what would be called the remainder of your ESA prognosis period)

i.e. it is perfectly proper if you have ESA WRAG/SG and not due to be reassessed for 3 years.... then you claim UC they will pay you the relevant group rate & reassess you straight away.

ikcdab · 26 November 2017 at 10:43AM

Thank you for the useful replies.
So when j make the UC claim, do I claim the housing element then? I don't have to make a separate claim via the local council?
And as for council tax support, is that only claimed via the council and not via the UC claim?
I understand that as soon as I make the UC claim, I need to book an interview with the job centre. I assume that this is so they can heck the details such as my tenancy agreement and I also assume they would be able to advise at that point what the payments and timescales might be?

pmlindyloo · 26 November 2017 at 11:17AM

ikcdab wrote: »

Thank you for the useful replies.
So when j make the UC claim, do I claim the housing element then? I don't have to make a separate claim via the local council?
And as for council tax support, is that only claimed via the council and not via the UC claim?
I understand that as soon as I make the UC claim, I need to book an interview with the job centre. I assume that this is so they can heck the details such as my tenancy agreement and I also assume they would be able to advise at that point what the payments and timescales might be?

The housing element is part of your UC claim.

Council Tax Reduction needs to be claimed separately from your local council.

And yes, you will have an interview after your initial claim. You will be contacted about this by what ever method you choose on your application form.

Have a read of this:

https://www.citizensadvice.org.uk/benefits/universal-credit/interview/prepare-for-your-interview/

ikcdab · 28 November 2017 at 10:52PM

Thank you for the replies which are very useful.

ikcdab · 16 December 2017 at 10:37AM

Well so far so good. We made the online application yesterday and had an appointment straight away at the job centre. Saw a very helpful lady there who took us through all the steps and confirmed the first payment will be made on 21 January. She also confirmed the one bedroom housing payment.
So at the moment I am optimistic it will go well. Everything has been easy. I'm hoping for no slip ups, and at the moment my experience of universal credit is e entirely positive. I'll confirm that on 15 January when we find out about the first payment amount.
I also found that if you're claiming pip then you pay no council tax at all, at least here in Somerset.
I'm keeping everything crossed!

r.a.i.n.b.o.w · 1 February 2018 at 2:03PM

Hello - bumping this because my friend is in a sort-of similar situation and I need advice to pass to him.

My friend has just moved into a UC area (from housing association to local authority housing). He was on ESA WRAG (mental health issues) and HB at his old place, single person claim. The move into UC area = change of circumstance means he's been forced to claim UC.

At the Job Centre appt last week to prove his identity and get him onto the system, they said even though he's already on ESA, this UC claim has ended his ESA entitlement and that he needs to get a fit note to start the assessment process all over again. Problem is, having just moved into the area, he's only just applied for a GP so still waiting for the "10 days minimum" before he's fully registered and can get an appt. JC lady set the next appt to bring in fit note for the following week and to request a different appt on his "journal" if he couldn't get a fit note by then. As this was the case, he requested a different appt, JC advisor wrote back saying this was fine and gave a new appt for the week after next.

Today he's received a phone call from her, saying that he needed to agree to this change in his journal and the things in his TO DO LIST, or he would be sanctioned?!?! And in the TO DO LIST she's sent him a page of sanction info to agree to, about what would happen if doesn't stick to his committments, and it lists all stuff about looking for work, taking any paid work he can do, and being available for interviews etc.

I don't believe he should be agreeing to this. I've told him not to do anything until I've read the UC rules that the JC staff have to stick to.

ALSO in my mind I feel as he's already on ESA, he shouldn't be having to get a fit note to prove he's too ill to work - surely that by being awarded ESA the government has aleady "approved" his entitlement?

So please, could someone point me to the Universal Credit rules for Job Centre workers please? And if anyone has advice regarding anything I've written above, please do let me know.

Thanks in advance.

pmlindyloo · 1 February 2018 at 3:45PM

r.a.i.n.b.o.w wrote: »

Hello - bumping this because my friend is in a sort-of similar situation and I need advice to pass to him.

My friend has just moved into a UC area (from housing association to local authority housing). He was on ESA WRAG (mental health issues) and HB at his old place, single person claim. The move into UC area = change of circumstance means he's been forced to claim UC.

At the Job Centre appt last week to prove his identity and get him onto the system, they said even though he's already on ESA, this UC claim has ended his ESA entitlement and that he needs to get a fit note to start the assessment process all over again. Problem is, having just moved into the area, he's only just applied for a GP so still waiting for the "10 days minimum" before he's fully registered and can get an appt. JC lady set the next appt to bring in fit note for the following week and to request a different appt on his "journal" if he couldn't get a fit note by then. As this was the case, he requested a different appt, JC advisor wrote back saying this was fine and gave a new appt for the week after next.

Today he's received a phone call from her, saying that he needed to agree to this change in his journal and the things in his TO DO LIST, or he would be sanctioned?!?! And in the TO DO LIST she's sent him a page of sanction info to agree to, about what would happen if doesn't stick to his committments, and it lists all stuff about looking for work, taking any paid work he can do, and being available for interviews etc.

I don't believe he should be agreeing to this. I've told him not to do anything until I've read the UC rules that the JC staff have to stick to.

ALSO in my mind I feel as he's already on ESA, he shouldn't be having to get a fit note to prove he's too ill to work - surely that by being awarded ESA the government has aleady "approved" his entitlement?

So please, could someone point me to the Universal Credit rules for Job Centre workers please? And if anyone has advice regarding anything I've written above, please do let me know.

Thanks in advance.

To see whether the Job Centre has given the correct advice we need to know the date your friend was awarded their ESA WRAG - i.e when did they apply? And when was it awarded?

r.a.i.n.b.o.w · 1 February 2018 at 4:15PM

He was awarded it in 2011, he's had three ATOS assessments since claiming it in 2010.

pmlindyloo · 1 February 2018 at 4:30PM

r.a.i.n.b.o.w wrote: »

He was awarded it in 2011, he's had three ATOS assessments since claiming it in 2010.

Based on what you have said then the Job Centre are wrong.

If a claimant receives an old style WRAG component and it was awarded before 3/4/2017 then they will be treated as having LCW and will be entitled to the relevant extra money in their UC claim.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/661772/admm6.pdf

M6190 onwards

Having said that, please tell us whether your friend receives extra money in their UC claim for having LCW as it may be that they are being reassessed (not sure about needing fit notes during this time though)

Moving from ESA to Universal Credit

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free