ESA support group and universal credit

kez1234

hi hoping someone can help, i have been in the esa support group for 4 years have a new assessment last year and was again put in support group, i recently moved and was told i have to claim uc, which i did i told them i was in supoort group and the case manager said she has turned off the looking for work for me, but this morning i got a message on my ournal with a pdf which was about a esa50 and that i should fill it out, i have left a message saying i was assessed a year ago and again put in support will i have to have another assessment again?

pmlindyloo

You can certainly telephone and ask but you can be reassessed at any time. This is whether you have a recommended time limit or not.

I fear this is what will happen to many people who move to UC.

Were you on income based ESA or contribution based ESA? Are you claiming HB and that is why you were moved onto UC?

kez1234

i am on income based and moved but to get hb i had to apply for uc, i have been looking at the entitled to website and it states anyone who is already getting esa in support group will not have to have another wca?

pmlindyloo

kez1234 wrote: »

i am on income based and moved but to get hb i had to apply for uc, i have been looking at the entitled to website and it states anyone who is already getting esa in support group will not have to have another wca?

This is a relatively new initiative and no one is certain to whom this will apply.

The criteria are for those in the support group.

Read this:

https://www.gov.uk/government/publications/employment-and-support-allowance-and-universal-credit-changes-to-the-work-capability-assessment/employment-and-support-allowance-and-universal-credit-changes-to-the-work-capability-assessment-from-29-september-2017

kez1234

this is what i read https://www.entitledto.co.uk/help/Universal_Credit_Work_Capability_Assessment

i have asked if i have to have another assessment has i had one last year again, i am awaiting a reply, my case worker turned off all work related questions for me has she said i am in support group

pmlindyloo

I think your link means that when your transfer to UC you will not have to undergo an assessment and can be transferred with your support group status. This is what has happened.

However, I believe that this does not prevent them asking you to be reassessed once you are on UC, just like they can do when you just on ESA.

kez1234

i only had an assessment again last year

pmlindyloo

This link may help you if you wish to challenge being reassessed.

https://www.disabilityrightsuk.org/news/2017/october/guidance-work-capability-assessment-reassessment-published

epitome

kez1234 wrote: »

this is what i read https://www.entitledto.co.uk/help/Universal_Credit_Work_Capability_Assessment

I have asked if i have to have another assessment has I had one last year again,
I am awaiting a reply, my case worker turned off all work related questions for me has she said I am in support group

You understand of course, that is not a government web page, it is an independent advice service.

The part which says this

If you move to Universal Credit from Employment and Support Allowance
and have already been assessed as having limited capability for work
you will not have to undertake the assessment again.
If you were in the work related activity group you will be awarded the LCW element
and if you were in the support group you will be awarded the LCWRA element.

is not very well worded.

It means, when you have ESA Support Group rate and you "naturally migrate" to UC
you will get the UC Support Group rate without having to be reassessed in order to start your UC award at Support Group rate.
i.e. you will not be on "UC Assessment" rate to begin with.

It does not mean you will never be re-assessed ever again.

So my question to you is....How much is UC paying you, not including the housing element?


The period for your SG is, as I understand it, not protected when you move to UC.........
i.e. they can reassess you anytime they want.
Just like ESA could have reassessed you anytime they wanted to.
(but in practice ESA make a decision when they will reassess you and they stick to it)
UC is not bound by the ESA period before reassessment that was chosen for you.