UC question

tazwhoever

Hopefully I would need to apply for UC in few months. I'm on ESA and my partner works 7 hours. I don't claim PIP.

When on UC, we both need to do work commitments. As I am on ESA, I wouldn't need to look for work. My partner looks after our children and me.

I see on UC, if you have children your working hours can be reduced. My second child is 8yrs and UC guideline says partner should work 25 hours. But this would mean children won't be looked after and especially me on ESA as I need partner's support (partner doesn't claim CA).

Would the jobcentre force partner to work up to 25 hours, even though has other caring/looking after children and me?

Thanks

calcotti

A few questions. What is prompting the switch to UC, is it a change to your situation or is it because you may be better off on UC? Have you been refused PIP or have you never applied?

From the DWP’s point of view, if you are not getting PIP they are unlikely to treat you as a severely disabled person requiring care (ESA Support does not meet the usual definition) so they may not accept that your partner has any care responsibilities for you, although I think the work coach will have some discretion over this in terms of work expectations.

tazwhoever

calcotti, thanks.

At the moment, I'm on CB ESA WRAG, which will become IB at the end of this year. My area is fully UC. I don't claim PIP as I believe I won't get it.

So from DWP point of view, can they force my partner do to extra hours upto 25 hours?

huckster

If you are still in the WRAG group at the end of the 12 months CB ESA claim, then you will stay on ESA IB, until you have a change in circumstances or DWP migrate you to UC.

DWP will start migrating legacy benefit claimants to UC from July 2019, but no details are currently available about this process e.g. Which existing claimants will be transferred first. The whole migration process is expected to take about 3 years.

In regard to your posts, I think you misunderstand the situation. You are not claiming a disability benefit that would allow for anyone to claim any caring responsibility for you. Therefore they could not claim carers allowance or carers element under UC. So yes your partner would be expected to look for work up to the 25 hours per week under UC.

If you are suffering healthwise and feel that DWP should provide more support, then I would suggest you look into a PIP claim and see whether you qualify after assessment.

calcotti

tazwhoever wrote: »

calcotti, thanks.

At the moment, I'm on CB ESA WRAG, which will become IB at the end of this year. My area is fully UC. I don't claim PIP as I believe I won't get it.

So from DWP point of view, can they force my partner do to extra hours upto 25 hours?

Was about to respond but huckster has covered it.

poppy12345

huckster wrote: »

If you are still in the WRAG group at the end of the 12 months CB ESA claim, then you will stay on ESA IB, until you have a change in circumstances or DWP migrate you to UC.

DWP will start migrating legacy benefit claimants to UC from July 2019, but no details are currently available about this process e.g. Which existing claimants will be transferred first. The whole migration process is expected to take about 3 years.

In regard to your posts, I think you misunderstand the situation. You are not claiming a disability benefit that would allow for anyone to claim any caring responsibility for you. Therefore they could not claim carers allowance or carers element under UC. So yes your partner would be expected to look for work up to the 25 hours per week under UC.

If you are suffering healthwise and feel that DWP should provide more support, then I would suggest you look into a PIP claim and see whether you qualify after assessment.

In this case i think it's different because the OP was in Support Group for ESA until after their assessment they were placed into the WRAG. As they are claiming Contributions based and their area is a full UC area they may not be able to transfer to Income related, unless a supersession is possible here.

calcotti

poppy12345 wrote: »

In this case i think it's different because the OP was in Support Group for ESA until after their assessment they were placed into the WRAG. As they are claiming Contributions based and their area is a full UC area they may not be able to transfer to Income related, unless a supersession is possible here.

There was a doubt in my mind too but as ESA is one benefit made up of two parts it seems logical that it is a continuous claim (subject to a means tested assessment). I can't find anything definitive at the moment.


Of course whether or not the OP is entitled to be paid any income Based ESA (or UC) will depend on his partner's earnings anyway.


OP may well be better off on UC but is then exposed to UC work search and sanction regime.


OP, you can compare entitlement under ESA and UC by using a benefits calculator https://www.entitledto.co.uk/. If you do switch to UC you will not know what work search requirements will be imposed until after claiming and meeting work coach.

calcotti

Have now found this https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/658256/dmgch41.pdf


41840 Where the ESA(Cont) claimant

1. is also entitled to ESA(IR)1 [FONT=Arial,Arial][FONT=Arial,Arial]or [/FONT][/FONT]
2. would be entitled to ESA(IR) but for the rules about amounts payable2 (see DMG 44049) [FONT=Arial,Arial][FONT=Arial,Arial]or [/FONT][/FONT]
3. would be entitled to ESA(IR) once entitlement to ESA(Cont) terminates

the DM may need to reassess entitlement from the date that ESA(Cont) terminates. This includes pending appeal awards and converted awards of ESA(Cont).
[FONT=Times New Roman,Times][FONT=Times New Roman,Times]
[/FONT][/FONT][FONT=Arial,Arial][FONT=Arial,Arial]Example 1
[/FONT][/FONT]Mervyn is entitled to ESA(Cont) and ESA(IR), including the WRAC, for himself and his partner Keira. His entitlement to ESA(Cont) ends on 24.5.12 as it reaches 365 days. Mervyn and Keira have no other income. As the overall amount of ESA Mervyn is entitled to does not change once ESA(Cont) ends, the DM does not supersede the decision awarding ESA.
[FONT=Arial,Arial][FONT=Arial,Arial]Example 2
[/FONT][/FONT]Aisha is entitled to ESA(Cont) including the WRAC. Her underlying entitlement to
ESA(IR) is less than the amount of ESA(Cont) awarded. Aisha’s entitlement to
ESA(Cont) ends on 30.4.12 as she has been entitled since 2.3.11, which is more than 365 days as at 1.5.12. She has an occupational pension of £55 a week which is disregarded for the purposes of ESA(Cont) as it is below the £85 threshold. She has no other income, and there have been no changes since the award of ESA(Cont) began. When her ESA(Cont) terminates, the DM supersedes the last awarding decision to award ESA(IR), taking the occupational pension into account as income.


My sense from this is that the c-ESA and ir-ESA are the same claim and continuous (albeit claimant will have to confirm they wish to be assessed for ir entitlement).

tazwhoever

calcotti thanks,

When I started claiming ESA few years ago, I claimed for CB & IB. I was paid CB and top up for my partner (IB). When my partner found PT work, the entitlement was reduced to just CB in support group.

In summer this year, sent ESA50 and was moved from Support to WRAG. I have sent MR but haven't heard back. The CB will switch to IB at the end of this year. So I believe I will need to claim UC? Or would they just switch CB to IB automatically?

calcotti

Your ESA should switch from CB to IB. I think you should not have to claim UC. I am not sure whether it is automatic or not. I think they will want you to complete an ESA3 form to confirm your current joint income and savings and I think they may first ask you whether to want to be considered before they issue it.

Unless anyone on the forum can give you a definite answer i would suggest you ring them to ask.

tazwhoever

Thanks I hope they switch me over.

With regards to MR sent last month, I haven't heard back. As I'm receiving WRAG, it's a tricky situation if I should call them to check or wait...