Migration to Universal Credit?

Robbie64

bournemouth_bell wrote: »

thanks rob

i have an interest as im worrying about my ESA medical , it will be in a few weeks and ive convinced myself it will be a disaster

i have Bipolar amongst other things and have been in the support group for 4yrs

if i fail the medical im guessing i will have to apply for UC (full service area)and put in a MC,if that fails i would go to tribune

if i won i cant go back to esa can i?
will i still lose SDP even if i won ?
im on pip enhanced care
i

If you fail the medical then you can request a mandatory reconsideration. If the MR decision doesn't go in your favour then you can appeal the decision. If this is the first time you failed the Work Capability Assessment (i.e. the ESA medical) and had your benefit stopped then you can be paid ESA while appealing though you won't get it while the MR is being decided though it will be backdated if an appeal is then made.



If it does go down the appeal route and you can still get ESA you would get the same amount you are getting now less the amount you get for being in the Support group (you would be paid at the assessment rate plus any premiums that are due). You would need to submit fit notes from your GP if you were to do this. Benefit paid at this lower rate would be paid until either the DWP overturn the decision in your favour - which can and does happen - or the appeal is heard. If you still have no luck then you would have to claim UC. If you have previously pursued an appeal then you won't be paid ESA while making a fresh appeal.


If you claim UC from the outset then you would lose the SDP as there is no equivalent in UC. You would also be unable to go back to ESA if you won any mandatory reconsideration or appeal. This assumes all of your ESA is income related. If some of it is contributory based then you would get back that part of your benefit though you would still need to claim UC to top it up.



The above is only the "worst case scenario" - hopefully all will go well at the assessment.

poppy12345

Robbie64 wrote: »

If you claim UC from the outset then you would lose the SDP as there is no equivalent in UC. You would also be unable to go back to ESA if you won any mandatory reconsideration or appeal. This assumes all of your ESA is income related. If some of it is contributory based then you would get back that part of your benefit though you would still need to claim UC to top it up.

This doesn't sound right. The OP wouldn't be able to claim New style contributions based ESA because to do this they would need to have paid enough NI Contributions in the previous 2 tax years.

Once they claim UC you can't go back.

System

yes mine is income related and never had a MC or appeal before

i will look through your replys now with interest

many thanks

System

your benefit stopped then you can be paid ESA while appealing though you won't get it while the MR is being decided though it will be backdated if an appeal is then made.

poppy12345

bournemouth_bell wrote: »

yes mine is income related and never had a MC or appeal before

i will look through your replys now with interest

many thanks

MC? do you mean MR (Mandatory Reconsideration)?

System

ignore last post

System

poppy12345 wrote: »

MC? do you mean MR (Mandatory Reconsideration)?

yes sorry MR

Robbie64

poppy12345 wrote: »

This doesn't sound right. The OP wouldn't be able to claim New style contributions based ESA because to do this they would need to have paid enough NI Contributions in the previous 2 tax years.

Once they claim UC you can't go back.

I've just checked and old style ESA CB converts to new style ESA if a claim to UC is made. The contributions conditions are the same, it's the claimant committment etc part that differs and as a result they do link together. However it isn't as straight forward as I thought it might be. Firstly, if the person is not in the UC equivalent of the Support Group (the limited capability for work related activity group) then it becomes time limited. Secondly the person would have to claim UC along with submitting fit notes and go through another WCA to get into the LCWRA group. Therefore to get new style ESA after winning an appeal which involved old style ESA CB it would require a set of conditions to be met that might be impossible to achieve. That also assumes I've read it right as it is very complicated. Either way, the person would be no worse off if they qualified for UC with no income or little savings as overall he or she would get the same amount.


The best advice is, if someone fails the WCA while receiving any irESA, then if possible do not make a claim for UC if irESA can be put back into payment while pursuing an appeal.

Robbie64

bournemouth_bell wrote: »

yes mine is income related and never had a MC or appeal before

i will look through your replys now with interest

many thanks

In which case if the worst does happen then so long as you don't claim UC, you would be able to return back to income related ESA if you had to appeal and so long as you continue to submit fit notes. The only downside is the waiting period before benefit can be reinstated.

System

have i got this right

if i get turned down dont claim UC but wot get paid any ESA/premiums through till MR so a loss of approx £190 a week