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Esa Universal credit Jsa query

JaneDoeJohnDoe
Posts: 331 Forumite


Get esa (income) but facing the fit for work test again. If found fit I know about mand recon & appeal process. I won appeal last time.
Last time I had to claim JSA ( income) during MR to get any cash. Won appeal and got esa wrag plus backdated money. EVENTUALLY!!
Now my JOB CENTRE is a UC area. Single person.
So my question is..... if I am found fit & go thru MR process I'd have to claim UC to get anymore money before appeal. Thus HB claim ends.
If I won appeal would I be able to go back to ESA (Income) & HB or because of "change in circumstances" would I stay on UC with enhanced WRAG type rate?
I am hoping the fit for work test this time finds on my favour but trying to plan ahead.
Last time I had to claim JSA ( income) during MR to get any cash. Won appeal and got esa wrag plus backdated money. EVENTUALLY!!
Now my JOB CENTRE is a UC area. Single person.
So my question is..... if I am found fit & go thru MR process I'd have to claim UC to get anymore money before appeal. Thus HB claim ends.
If I won appeal would I be able to go back to ESA (Income) & HB or because of "change in circumstances" would I stay on UC with enhanced WRAG type rate?
I am hoping the fit for work test this time finds on my favour but trying to plan ahead.
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Comments
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Once in UC you will almost always stay in UC, you will not go back to legacy benefits.
Aka the Lobster Pot - http://www.cpag.org.uk/content/universal-credit-recent-rule-changes
UC does not include the disability premiums that legacy benefits provide. So if you are in receipt of PIP (or planning to apply), you will be financially better off staying on legacy benefits.
I think the entitled to benefits calculator will show you a comparison of your situation - UC vs legacy benefits.
https://www.entitledto.co.uk/
Remember that as soon as the appeal is lodged with the TS (and logged as such by the DWP), your ESA payments can be resumed pending the hearing.
So (worst case) send off the MR as soon as you get the decision letter; chase the DWP for the MRN; lodge the sscs1 with the TS as soon as you get the MRN.
This may take less time than the 6 week delay (sometimes more) in receiving a UC payment.
https://www.citizensadvice.org.uk/about-us/how-citizens-advice-works/media/press-releases/citizens-advice-calls-for-universal-credit-rollout-to-be-paused-as-research-reveals-people-left-facing-financial-difficulty1/
Good luck.Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.0 -
Further to the above reply, there's a possibility that I could become a carer for someone who gets PIP. So I could claim Carer's Allowance as over 35hrs.
Therefore my supplementary question would be - would I be better off claiming CA now whilst on ESA(wrag) OR
after any decision letter re loss of ESA after Fit test OR
after any MR after decision letter re loss of ESA after Fit test OR
after appeal lodged following any MR after decision letter re loss of ESA OR after appeal result.
And if before or after MR but before appeal I claimed IS as a carer would that be better too?!
I appreciate it's complicated but don't want to shoot myself in the foot as it were. Thanks in advance.0 -
I think the first thing to do is check whether you live in a live service area or full service area.
If you are in a live service area most single person would have to claim UC. However, there are gateway conditions that have to be met so, for instance, if you were waiting on an ESA decision (appeal) then you would not meet the gateway criteria.
Have a read of this and check in you postcode with the link:
https://www.entitledto.co.uk/help/Universal-Credit-Pilot0 -
My area is not a full UC area yet0
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JaneDoeJohnDoe wrote: »Further to the above reply, there's a possibility that I could become a carer for someone who gets PIP. So I could claim Carer's Allowance as over 35hrs.
Therefore my supplementary question would be - would I be better off claiming CA now whilst on ESA(wrag) OR
after any decision letter re loss of ESA after Fit test OR
after any MR after decision letter re loss of ESA after Fit test OR
after appeal lodged following any MR after decision letter re loss of ESA OR after appeal result.
And if before or after MR but before appeal I claimed IS as a carer would that be better too?!
I appreciate it's complicated but don't want to shoot myself in the foot as it were. Thanks in advance.
I think the following could apply:
1) You can't claim both IS and ESA.
2) If in receipt of ESA you receive CA by way of a premium on your IB ESA which adds £34.60pw.
3) Soi if your claim CA now (and it may take a week or so to be processed) you will get the premium on your ESA.
- If your ESA continues after WCA - no change.
- if you fail the WCA, then you can be paid full CA (£62pw).
You could also opt to claim IS (or if in a UC area then you couldn't claim IS it would have to be UC) to bring you total income up to £73. BUT I really wouldn't advise claiming UC for the reasons stated in my previous post.
- If your appeal is successful then you can return to ESA. However, I'm not sure about the DWP mechanics of switching back to ESA from IS - it may entail several calls to the DWP!
So, I think claiming CA now may be sensible as it would provide an income whilst the MR is being considered should your WCA fail.
Bear in mind though that you claiming the CA premium (£35) would mean that the individual you are caring for can't claim SDP (£62) if they qualify by living alone and in receipt of IB ESA, etc.
Please take what I have written as my opinion, and get accredited advice. (Or put these scenarios through a benefit entitlement checker).Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.0
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