Parent failed esa now considering universal credit in family home

calcotti

gizzmansl2 wrote: »

Shes 56 and unfit for work so does UC force u to look for work too or can you stay on it without actively seeking work, i have no idea how it works? Thanks

The starting point for UC is that people are expected to look for work (as was true on JSA) unless there are circumstances preventing this. The test for whether someone is too ill to look for work is the same test as for ESA so if she has been found fit for work under this test she will be expected to look for work.

gizzmansl2

Thanks everyone and noted, we will push for MR then tribunal if needed definatly because failing that she tried to... You know... When this happened before and was hospitalized because the thought of work scares her something chronic and the same feelings are there now as shes very fragile and we support her best we can so yeh failing all that a new esa claim would no doubt be the next course of action because her illness etc will have definatly worsoned i can promise that. Many thanks

poppy12345

gizzmansl2 wrote: »

failing all that a new esa claim would no doubt be the next course of action because her illness etc will have definatly worsoned i can promise that. Many thanks

That wouldn't be possible in a full Universal Credit area, it will have to be UC as stated above.

calcotti

If you are in a UC area your mother will not be able to make a new ESA claim because new style ESA is contributions based only and if your mother has not worked for several years she will not have made the necessary NI contributions. Would have to apply for UC.

gizzmansl2

calcotti wrote: »

If you are in a UC area your mother will not be able to make a new ESA claim because new style ESA is contributions based only and if your mother has not worked for several years she will not have made the necessary NI contributions. Would have to apply for UC.

So if thats the case and she says shes not fit for work then she will have to do similar esa assesments like before right surely to work out wether she can work or not because she cant be the only person claiming on UC and cannot work so there should be a way to prove that she cannot work due to illness (mental and physical) again using UC instead?

calcotti

gizzmansl2 wrote: »

So if thats the case and she says shes not fit for work then she will have to do similar esa assesments like before right surely to work out wether she can work or not because she cant be the only person claiming on UC and cannot work so there should be a way to prove that she cannot work due to illness (mental and physical) again using UC instead?

Yes, UC has exactly the same process as ESA for determining Capability for Work. If claimant is found to have limited capability for work and work related activity this is equal to ESA support group and extra money is included in the UC award. If found to have limited capability for work there is no e tea money but work search requirements are dropped and only some work related activity is required, again similar to ESA (depending on their circumstances).

Because UC replaces JSA, ESA, Income Support, Tax Credits and Housing Benefits it incorporates bits of all these benefits but there are significant differences in the rules some of which are to the benefit of claimants, others not. the most likely to be disadvantaged are the ill and disabled.

gizzmansl2

Oh i see, yes i would have thought the system is similar, if she has to do that then so be it but hopefully the MR then tribunal will show the real situation.