Moving from ESA to Universal Credit
Comments
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poppy12345 wrote: »If you move to a different council and the area is a full universal credit area then you'll have to claim UC not ESA. No one gets transitional protect yet because it doesn't exist.
If you do move to UC then yes you'll most likely eventually need another assessment.
Yes, I do know I'll have to move to UC, but my question is - will I lose the additional £29 a week that I currently get on ESA for having Limited Capability for Work?
I've just read through the relevant sections of this Statutory Instrument - EXPLANATORY MEMORANDUM TO THE UNIVERSAL CREDIT REGULATIONS 2013 No. 376
which states: -
Capability for Work
7.22 Universal Credit will simplify the existing disability-related premiums
and additions into two elements: the limited capability for work element and
the limited capability for work and work-related activity element. There will
be a single assessment for these elements, called the Work Capability
Assessment. This assessment already applies in Employment and Support
Allowance. This applies to claimants who are either in or out of work.
7.23 Before these elements are payable, there will normally be a three
month period during which the claimant will provide medical evidence and
will be required to participate in a Work Capability Assessment. This does not
apply:
x where the claimant is terminally ill;
x where the claimant already has a determination of limited capability for
work or work-related activity on the basis of the Work Capability
Assessment in relation to an award of Employment and Support Allowance (this is what I currently have and have it in black and white from a judge due to my Tribunal hearing on 13 October 2017)0 -
louangel311 wrote: »Yes, I do know I'll have to move to UC, but my question is - will I lose the additional £29 a week that I currently get on ESA for having Limited Capability for Work?
I've just read through the relevant sections of this Statutory Instrument - EXPLANATORY MEMORANDUM TO THE UNIVERSAL CREDIT REGULATIONS 2013 No. 376
which states: -
Capability for Work
7.22 Universal Credit will simplify the existing disability-related premiums
and additions into two elements: the limited capability for work element and
the limited capability for work and work-related activity element. There will
be a single assessment for these elements, called the Work Capability
Assessment. This assessment already applies in Employment and Support
Allowance. This applies to claimants who are either in or out of work.
7.23 Before these elements are payable, there will normally be a three
month period during which the claimant will provide medical evidence and
will be required to participate in a Work Capability Assessment. This does not
apply:
x where the claimant is terminally ill;
x where the claimant already has a determination of limited capability for
work or work-related activity on the basis of the Work Capability
Assessment in relation to an award of Employment and Support Allowance (this is what I currently have and have it in black and white from a judge due to my Tribunal hearing on 13 October 2017)
The answer is 'no' you will not lose your WRAG component because your claim was continuous from when it was stopped due to the appeal overturning that decision.
If you currently receive any premiums with your ESA award because of your PIP then you would lose these.
Having said all that, UC claims can sometimes go wrong (as attested by the original poster) so make a note of the particular legislation that has been quoted just in case you need it!0 -
pmlindyloo wrote: »The answer is 'no' you will not lose your WRAG component because your claim was continuous from when it was stopped due to the appeal overturning that decision.
If you currently receive any premiums with your ESA award because of your PIP then you would lose these.
Having said all that, UC claims can sometimes go wrong (as attested by the original poster) so make a note of the particular legislation that has been quoted just in case you need it!
I'm sorry but you've confused me! You're saying I won't lose my WRAG component as my claim was continuous (which was my take on it!) but then you're saying I WILL lose premiums with my ESA? And I don't get PIP.............I haven't claimed it?
Please believe me, I am not dense (!!) - are you saying I WILL still be classed as having Limited Capability for Work but won't get the additional £29 a week that I currently get with my ESA?
Thank you!0 -
Pmlindyloo and my self both told you IF you recieve any premiums you will lose them. We never said you claimed a disability benefit, which was why we said IF. In your first question you asked about transitional protection, as if you claim PIP or DLA and both times your question was answered. When transitional preotection is in place it' will be there to protect those premiums.louangel311 wrote: »I'm sorry but you've confused me! You're saying I won't lose my WRAG component as my claim was continuous (which was my take on it!) but then you're saying I WILL lose premiums with my ESA? And I don't get PIP.............I haven't claimed it?
Please believe me, I am not dense (!!) - are you saying I WILL still be classed as having Limited Capability for Work but won't get the additional £29 a week that I currently get with my ESA?
Thank you!0 -
I'm not seeing rudeness at all, just that louangel does not understand about the various premiums. Not many people do! She has apologised for not understanding and said thank you.
louangel, is it just the basic amount plus the WRAG component you receive?0 -
Transitional protection does not apply to natural migration.
As such if you move to a new local authority in a full service area, my understanding is that that will be a new UC claim and the LCW will not be paid.
https://www.turn2us.org.uk/Benefit-guides/Universal-Credit/Additional-Elements-of-Universal-Credit#guide-content
"(From 3 April 2017 the limited capability for work element will not be available to claimants who claim UC on or after this date); "
If you are moving within your existing local authority, then my understanding is that this does not trigger migration to UC -
https://www.welfare-benefits-unit.org.uk/wp-content/uploads/2016/03/What-triggers-a-claim-for-Universal-Credit-in-a-full-service-area.pdf
- and you should resist any pressure from your HB dept to push you onto UC.
I would suggest getting advice from your local CAB / advice agency, and being wary of statements by DWP staff. DWP training about UC can unfortunately be quite poor.Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.0 -
Why on earth do you think I've been rude? I'm genuinely confused at the advice I've been given0
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BorisThomson wrote: »I'm not seeing rudeness at all, just that louangel does not understand about the various premiums. Not many people do! She has apologised for not understanding and said thank you.
louangel, is it just the basic amount plus the WRAG component you receive?
Hi there. No I wasn't being rude at all. I genuinely didn't understand what had been said and at no time in any post have I mentioned any disability benefits.
Yes, I get the basic amount of £73.10 plus the additional £29 for limited capability for work.
Thank you0 -
I apologise and have edited my post. As i said because you asked about transitional protection it was assumed you were claiming a disability benefit. Which was why i also said if.louangel311 wrote: »Hi there. No I wasn't being rude at all. I genuinely didn't understand what had been said and at no time in any post have I mentioned any disability benefits.
Yes, I get the basic amount of £73.10 plus the additional £29 for limited capability for work.
Thank you0 -
poppy12345 wrote: »I apologise and have edited my post. As i said because you asked about transitional protection it was assumed you were claiming a disability benefit. Which was why i also said if.
From the VAST amounts I've read - if I stay where I currently live - my area goes to full service on 14th Feb - they will start rolling out UC and everyone will be transferred over to it by 2022 - the natural migration process.
And......if I have no change in circumstances, I'll get transitional protection hence I won't lose the additional LCW payment of £29 per week.
Am I making sense?
x 0
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