Voluntary move from ESA to Universal Credit

ikcdab

I am confused!
I am helping a 25 year old young man. He:
1. currently lives at home with his parents
2. Receives PIP and ESA Work related group (since before April 2017)
3. Is not able to work.
4. We live in a Universal Credit Full Service area.

He now wishes to move into independent accommodation and we have found a suitable affordable private rented flat.
So he now needs to make a claim for housing.

I have been told two conflicting things:
1. The UC helpline has told me that as he is not capable of work, he cannot make a new UC claim but must claim housing benefit from the council.
2. The council have told me that as he wishes to make a new claim for housing, then he must make a new UC claim which would supersede his current ESA claim. I believe this is called 'natural migration'.

So I am getting directly conflicting advice - one saying he cannot claim UC and the other saying that he must. I do not know what to do!

Any advice?

Thanks

CKhalvashi

PM me the local authority area (or post here) as it will be based on that and I'll ask a friend (District Councillor with responsibility for housing and a specialism in benefits) who I'm going to meet for a beer shortly and I'll get back to you later on tonight

I'm not 100% sure of the answer and my housing benefit knowledge is pre-UC, however to the best of my knowledge a new Housing Benefit claim can be made. I want to confirm it though instead of giving incorrect advice.

ikcdab

Thanks.
Its Taunton Deane.

The lady on the UC helpline said: "you cannot make a claim for UC if you are not available for work. UC is not a disability benefit. It would fall at the first hurdle"

CKhalvashi

ikcdab wrote: »

Thanks.
Its Taunton Deane.

No problem, I'll get back to you in probably a few hours, definitely before midnight

IAmWales

The council are correct, a new claim for "housing benefit" will trigger a natural migration to UC.

Note that there is no severe disability premium on UC, and transitional protection will not apply in that respect.

ikcdab

IAmWales wrote: »

The council are correct, a new claim for "housing benefit" will trigger a natural migration to UC.

Note that there is no severe disability premium on UC, and transitional protection will not apply in that respect.

Thanks. So why did the UC helpline say ""you cannot make a claim for UC if you are not available for work. UC is not a disability benefit. It would fall at the first hurdle"

The young person is currently receiving ESA WRAG. I assume (though would welcome confirmation) that this means an automatic transition to the UC LCW payment? That means he would be eligible for the following (Monthly):

1. the standard allowance (£317)
2. the LCW element (£126)
3. Housing element - single room rate as he is on PIP?
4. council tax support.

Thanks

sammyjammy

ikcdab wrote: »

Thanks.
Its Taunton Deane.

The lady on the UC helpline said: "you cannot make a claim for UC if you are not available for work. UC is not a disability benefit. It would fall at the first hurdle"

Said lady needs reporting. Did you get her name?

IAmWales

ikcdab wrote: »

Thanks. So why did the UC helpline say ""you cannot make a claim for UC if you are not available for work. UC is not a disability benefit. It would fall at the first hurdle"

The young person is currently receiving ESA WRAG. I assume (though would welcome confirmation) that this means an automatic transition to the UC LCW payment? That means he would be eligible for the following (Monthly):

1. the standard allowance (£317)
2. the LCW element (£126)
3. Housing element - single room rate as he is on PIP?
4. council tax support.

Thanks

Because they've been poorly trained.

If you were in a live service area her statement would be correct, because you're in a full service area it's not. The system is a farce, I can understand why the staff struggle with it.

The rest of your information is correct.

Alice_Holt

ikcdab wrote: »

The lady on the UC helpline said: "you cannot make a claim for UC if you are not available for work. UC is not a disability benefit. It would fall at the first hurdle"

This is completely wrong.
UC incorporates Income-Based ESA (which is a benefit for those not fit for work).

UC also incorporates Housing Benefit, and a new claim for the UC housing element will trigger a natural migration to UC. See table below- https://www.southampton.gov.uk/benefits-welfare/benefits-advice/benefit-changes/trigger-universal-credit.aspx
Taking up a new tenancy columns apply.

He will lose any disability premiums he is currently receiving in his ESA (likely to be around £16pw - the enhanced disability premium).

As he is currently in receipt of ESA, he should be placed into the UC Work preparation requirement group as he should be deemed as having Limited Capability for Work.
Edit ; To confirm what you have stated in your post 6 (I'm a slow typer!!)

See https://www.turn2us.org.uk/Benefit-guides/Universal-Credit/Claimant-Commitment-Conditionality#guide-content

I would suggest he gets a benefit check from his CAB to see if independent living is sustainable.
Check his rent will be covered - https://england.shelter.org.uk/housing_advice/housing_benefit/shared_accommodation_rate_for_under_35s

Has he got reserve savings to survive the 6 week minimum wait until the first payment of UC?
Please proceed with care - UC is disadvantageous for those with disabilities.
https://www.citizensadvice.org.uk/Global/Migrated_Documents/corporate/disability-universal-credit-final-web.pdf

You may wish to make your MP aware of the mis-information given by the UC helpline, and launch a complaint. - https://www.gov.uk/government/organisations/department-for-work-pensions/about/complaints-procedure

ikcdab

Alice_Holt wrote: »

This is completely wrong.
UC incorporates Income-Based ESA (which is a benefit for those not fit for work).

UC also incorporates Housing Benefit, and a new claim for the UC housing element will trigger a natural migration to UC. See table below- https://www.southampton.gov.uk/benefits-welfare/benefits-advice/benefit-changes/trigger-universal-credit.aspx
Taking up a new tenancy columns apply.

He will lose any disability premiums he is currently receiving in his ESA (likely to be around £16pw - the enhanced disability premium).

As he is currently in receipt of ESA, he should be placed into the UC Work preparation requirement group as he should be deemed as having Limited Capability for Work.
Edit ; To confirm what you have stated in your post 6 (I'm a slow typer!!)

See https://www.turn2us.org.uk/Benefit-guides/Universal-Credit/Claimant-Commitment-Conditionality#guide-content

I would suggest he gets a benefit check from his CAB to see if independent living is sustainable.
Check his rent will be covered - https://england.shelter.org.uk/housing_advice/housing_benefit/shared_accommodation_rate_for_under_35s

Has he got reserve savings to survive the 6 week minimum wait until the first payment of UC?
Please proceed with care - UC is disadvantageous for those with disabilities.
https://www.citizensadvice.org.uk/Global/Migrated_Documents/corporate/disability-universal-credit-final-web.pdf

You may wish to make your MP aware of the mis-information given by the UC helpline, and launch a complaint. - https://www.gov.uk/government/organisations/department-for-work-pensions/about/complaints-procedure

ref the housing element. Under the 'old' system, he would have been eligible for the under-35s shared room rate, but as he is claiming PIP would have been 'upgraded' to the single room rate (your shelter link above). I have had conflicting advice on whether this 'upgrade' is also delivered under UC housing element?
Can you say?

Alice_Holt

ikcdab wrote: »

ref the housing element. Under the 'old' system, he would have been eligible for the under-35s shared room rate, but as he is claiming PIP would have been 'upgraded' to the single room rate (your shelter link above). I have had conflicting advice on whether this 'upgrade' is also delivered under UC housing element?
Can you say?

That's a very good question. I can't definitely say - I think the single room LHA rate still applies. But UC is very new and very confused - so I may be wrong! - I can't presently point you to an authoritative site with this info.
Give the Shelter helpline a ring - they should know.