Single mother on ESA support group and universal credit

PoppyZed

Hi all. Thanks for taking the time to read this.

So. Husband left me 4 weeks ago. We have a 3 year old daughter and 58k left on the mortgage with the house valued at 150k. I'm currently claiming NIC ESA in the support group for epilepsy, have been for 4 years. Financial situation is dire - ex would normally pay £600 towards all house expenses, mortgage all normal bills etc, but has now started paying the £600 again, but including child support, so i'm £200 down per month as he was the breadwinner and bought most of the food etc.

Been to citizens advice last week, very helpful lady filled in the UC form with me, then had my ID check this afternoon. The lady at the job centre however has told me i need a fit note monthly, indefinitely, to bring into the job centre until they say not to. Lady at Citizens advice said to the contrary - NIC ESA was not a part of universal credit. I'm having a "work capability assessment" next week which sounds terrifying, she assured me it's standard procedure but it's not carried out by a health professional, plus I'm in the support group and thus I thought this would not be the case. Alongside this, they said in 13 weeks I have to go through yet another application for ESA, and having been turned down for PIP last year, I'm very worried about losing it.

Unfortunately now, I've also found I'm going to be worse off as they're not including child tax credits which brings me down another £50 a month. My question is - Is it worth when reapplying for ESA to do it as income based? I'm just so knackered and stressed and furious it's a really hideous time. I had a fight to get ESA the first time and I just fear it will be denied. All info so much appreciated.

Poppy

Alice_Holt

As you are in the SG for ESA when you applied for UC, you should be placed in the equivalent LCWRA group in UC without the need for fit notes or a WCA.

https://www.turn2us.org.uk/Benefit-guides/Universal-Credit/Additional-Elements-of-Universal-Credit

"Though there are some instances where it can be added on straight away such as if you are terminally ill or you were entitled to one of the Employment and Support Allowance components immediately prior to your Universal Credit claim."

So CAB are correct, the job centre employee is wrong.
However the DWP are slow to link the two, so put a note on your journal and ring the UC helpline.

It is likely that you will have a WCA under UC (It is exactly the same as the ESA WCA), but first you will have to complete a UC50 form (same as the ESA50 form).

I think you mean by "I'm having a work capability assessment next week which sounds terrifying, she assured me it's standard procedure but it's not carried out by a health professional" - that your work conditionality will be looked at?
https://www.turn2us.org.uk/Benefit-guides/Universal-Credit/Claimant-Commitment-Conditionality
You should be in the No work related group having LCRWA. Take proof of your ESA SG award, and a print from this site or from CAB.
Hopefully you will get a DWP employee who is better informed - if not ask to see a manager.

You can't apply for income-based ESA - it comes under UC.
Child Tax Credits will be replaced by the child element in UC.

You should get (I think):
Basic UC......................£319 pm
Child element ..............£277
LCWRA element ..........£336

This will be reduced by the ESA receipts you are getting

Have you applied for council tax support from your council?

PIP is worth another go, as recentish case law has made it easier for those suffering fits to qualify:
https://www.epilepsy.org.uk/info/daily-life/benefits/personal-independence-payments-pip

Have another try with help from the CAB - stressing the severity of risk attaching to a seizure.

calcotti

See also DWP internal guidance https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/754948/admg1.pdf

Advice to Decision Makers
Chapter G1: Work capability assessment

G1005 A UC claimant may already have been assessed for LCW and LCWRA for the purposes of ESA. Where
1. it has been determined that the claimant has LCW or LCWRA following an assessment under ESA legislation1 and
2. a claim for UC is made while the determination in 1. is current
the claimant does not have to undergo a separate WCA for the purposes of UC2.

PoppyZed

Thank you so much for this information, my next job centre "assessment" is the 3d June. I'll be sure to take this info along with me. Thanks again.

PoppyZed

Sod it, while I'm thanking you again, you guys have provided me with more information than 2 solicitors, many apps with CA and JC. Thank you so much, can't stress it enough. Thank you.

poppy12345

PoppyZed wrote: »

Thank you so much for this information, my next job centre "assessment" is the 3d June. I'll be sure to take this info along with me. Thanks again.

It's not an assessment, it's just an appointment to confirm identity and for your claimant commitment, nothing like an assessment. see the link in Alice's post.

tomtom256

All your work coach needs to do is check opstrat dialogue 791 for your PCA dates and what group you are in, pin it as note on your UC account and send a handover to the service centre and they will pull the WCA across and start paying any relevant premiums.

This will also change your labour market regime and how often they need to see you.

Alice_Holt

Bit more info on PIP, seizures, and severity of risk:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/718722/adm15-18.pdf

OhWow

Have you applied to your council for the single person council tax reduction of 25%?