ESA (CB) and Universal credit.

justaquestion

Hi,

I would be grateful if someone could answer this, if someone is on ESA contribution based support group, and either was to totally loose ESA altogether or to be moved to ESA WRAG contribution based (365 days), would either of the above count as a change of circumstances as regards Universal credit?

Also in an area that is being rolled out for UC, it is my understanding that UC will only apply to new claimants, or to those who fall under the change of circumstances rule?
Is this correct?

Many thanks to anyone who might clear up the above points for me please.
Thank you.

TELLIT01

UC doesn't cover Conts based ESA in either the WRAG or Support Group. In fact all Conts based benefits fall outside of UC and are managed separately.

IAmWales

I think OP is talking about a change of circumstances that would result in them either losing ESA or having 365 days in the ESA WRAG, and then going on to UC. In that case it would be a natural migration with no transitional protection.

OP if you're talking about the areas that are going fully live, then either of those circumstances would trigger a UC claim.

justaquestion

IAmWales wrote: »

I think OP is talking about a change of circumstances that would result in them either losing ESA or having 365 days in the ESA WRAG, and then going on to UC. In that case it would be a natural migration with no transitional protection.

OP if you're talking about the areas that are going fully live, then either of those circumstances would trigger a UC claim.

Thanks for reply and confirming that either of the original options would count as a change of circumstances.

If I could ask, for areas that are going live early in 2018, will existing Child tax credits claims continue for a while after,

And for example if sometime during 2018 if one of the parents who is on ESA (CB) was reassessed and got zero points or put in ESA WRAG (CB) would that constitute a change of circumstances, and child tax credits would stop, and have to put in a cliam for Universal Credit?
Many Thanks

IAmWales

A change from the SG to the WRAG would not prompt a move to UC, as you'd still be on contributions based ESA.

Are you sure you're not receiving an income based top up? If that entitlement changed it would prompt a move to UC (as a top up to CB ESA).

If nothing changes the earliest you'll be moved is 2019. That would be a managed migration and you would get transitional protection.

epitome

My opinion,

ESA SG Conts, fail medical, You would have to appeal or make a new claim, If you do not claim UC during Mandatory Reconsideration, you can go back onto ESA at assessment rate ESA Conts, until it exhausts, however, depending how long you have been on Conts you could ask for new tax years after a gap of 12 weeks has passed. For conts based ESA after Man Recon where UC was claimed in the interim, you would either be allowed back onto ESA Conts old style or ESA Conts New Style.

If you made a new claim, it would have to be ESA Conts New Style and or UC and it would have to be a new or worsened medical condition.

ESA SG Conts, put in WRAG, You would get any remaining ESA Conts usually, a maximum of 270 days. After which, if still in WRAG, you would consider your eligibility to ESA IR, if you wanted -or needed- ESA IR you would ask for and get sent an ESA3. An ESA3 is considered a change that can mean your case is sent to become UC (you don't have to apply for UC (is my understanding) it is all done as part of the process), however, there is no guarantee that it will be sent to UC, you may be just processed onto ESA IR.

ESA SG conts stopping, I can see no reason why your CTC would stop, until you decide to claim UC.

ESA SG conts into ESA WRAG conts, can see no reason why your CTC would stop, until you make a claim to UC.