ESA Related Question :)

LocoLoco

Morning everyone,


I'm just starting to look into next steps where my son is concerned. I currently receive the Child Tax Credit equivalent as part of my UC claim. If I apply for ESA for him (I'm his appointee due to his learning disabilities), would the UC claim remain the same until a decision is taken regarding ESA? I'm trying to work out the best time to get things done so that I don't find myself without the child related part of UC (due to him turning 18 and coming out of full time education next year) so wondered if the claim would continue as it is or if they'd suspend it if I put a claim for ESA in?


I also wondered if his ESA claim is separate to anything I do or if it becomes part of a joint UC claim? Again, just at that point of trying to understand a system we haven't used before and work out the best way forward



And one last question; is there an average amount of time it takes for an ESA claim to be processed? I appreciate we might not get the response we want and would need to appeal but a general indication of the initial time frame for a first application would also be helpful if anyone knows



Thanks in advance for any advice given

poppy12345

You won't be able to claim ESA for him because all areas are now a full UC area so it will have to be this. If he has limited capability for work then you'll need to send in fit notes from his GP. It takes 5 weeks for the first payment and as he's under 25 he'll receive £251.77 per month standard allowance.



You'll need evidence to support his claim when you return the work capability assessment form because they rarely contact anyone for this. If he's awarded limited capability for work related activity there's a 3 month waiting period from the time you send in his first fit note. Payment then starts on the 4th month of the claim. If he hasn't had a decision within this time he'll be backdated the money he's owed.



There's no timescales to assessments, it depends on backlog in your area.



You'll need to wait until your benefits have stopped for him before you apply.

LocoLoco

Thanks for that, Poppy, gosh, it's a lot to think about and will mean a big drop in income for us, I think? I was hoping to find a way to avoid that.


So if I've understood correctly - we can't claim until his child related benefits stop anyway. The claim goes in as UC - I didn't realise that, I thought ESA was still a different payment.


They pay the lower rate whilst making a decision, it may take longer than three months to make the decision but they'll backdate the payments to the start of month 4 once the decision has been made. And I'll need to gather all the evidence in advance to send off with the initial application. Is that about the long and the short of it? It's a lot for me to get my head around.

LocoLoco

And five weeks without a payment, is that five weeks that's never paid or you wait five weeks and it's paid in arrears?

poppy12345

New claims for the old legacy benefits aren't possible because all areas have been a full UC area since mid December.



You won't need the evidence until he's sent the work capability assessment form.


UC is paid monthly in areas and there's a 5 weeks waiting period when you first claim and you claim online.

https://www.gov.uk/universal-credit


You'll also need to look at the criteria for limited capability for work related activity (LCWRA) to see if any apply to him. If he's given just limited capability for work there won't be any extra money each month.

https://www.turn2us.org.uk/Your-Situation/Ill-Injured-or-Disabled/Universal-Credit-Capability-for-work-assessment


https://www.entitledto.co.uk/help/Universal_Credit_Work_Capability_Assessment

LocoLoco

Thanks, Poppy, that's all really useful, I'm trying to get ahead with the situation changing so I don't suddenly find myself in a pickle and it's not clear what's happening education wise at the minute either so things are a big up in the air Thanks for the information

kingfisherblue

If your child has learning difficulties, he may be able to remain in education until he is older. If he does this, you can continue to claim child related benefits until the day before his twentieth birthday (assuming that he is on an approved course - these include entry level courses in many cases). My son is now 21, and is due to move to a new college in September, if all goes well. The government state that young people with SEND can remain in education until the age of 25, although I have yet to find anyone who has secured a place until that age.

I don't know much about UC, but there are two groups - LCW and LCWRA. LCW (Limited Capability for Work) is, I believe, the equivilent of WRAG on ESA, and LCWRA (Limited Capability for Work Related Activities) is the same as the Support Group. Maybe someone more knowledgable can confirm this. It may be wise to begin collecting evidence of your son's disabilities, in relation to the descriptors.

My son's ESA was completed, from initial phone call to the award, in thirteen weeks and one day. Because he is under 25, he received a lower assessment rate (£57ish) than over 25s (£73ish), per week. If he had been put into WRAG, he would have remained on that rate, but as he was put into the support group, his money was increased, and is the same rate as over 25s in the SG. I don't know whether this is the same on UC, but again, worth checking.

If you can save any money to help with the transition, do so. It's a big drop and there can be delays.

poppy12345

kingfisherblue wrote: »

If your child has learning difficulties, he may be able to remain in education until he is older. If he does this, you can continue to claim child related benefits until the day before his twentieth birthday

As the OP claims UC if their son remains in full time education then the child element of UC will stop in the September after their 19th birthday. It's different to tax credits.

Alice_Holt

Definition of a qualifying young person re the UC child element:

https://www.turn2us.org.uk/jargon-buster/Qualifying-Young-Person

https://revenuebenefits.org.uk/universal-credit/guidance/entitlement-to-uc/elements/
"For UC, once a child reaches age 16 they become a qualifying young person and can be included in a UC claim up to the 1st September following their 16th birthday. After that, they can be included up to the 1st September following their 19th birthday, provided they remain in full-time non-advanced education or approved training, and they were enrolled on, or started, the course before they were 19. (Note: this is different to child benefit and to child tax credit, where a qualifying young person can be included in a claim until they reach age 20, as long as the course started before their 19th birthday)."

Is your son in receipt of PIP?

LocoLoco

kingfisherblue wrote: »

If your child has learning difficulties, he may be able to remain in education until he is older. If he does this, you can continue to claim child related benefits until the day before his twentieth birthday (assuming that he is on an approved course - these include entry level courses in many cases). My son is now 21, and is due to move to a new college in September, if all goes well. The government state that young people with SEND can remain in education until the age of 25, although I have yet to find anyone who has secured a place until that age.

I don't know much about UC, but there are two groups - LCW and LCWRA. LCW (Limited Capability for Work) is, I believe, the equivilent of WRAG on ESA, and LCWRA (Limited Capability for Work Related Activities) is the same as the Support Group. Maybe someone more knowledgable can confirm this. It may be wise to begin collecting evidence of your son's disabilities, in relation to the descriptors.

My son's ESA was completed, from initial phone call to the award, in thirteen weeks and one day. Because he is under 25, he received a lower assessment rate (£57ish) than over 25s (£73ish), per week. If he had been put into WRAG, he would have remained on that rate, but as he was put into the support group, his money was increased, and is the same rate as over 25s in the SG. I don't know whether this is the same on UC, but again, worth checking.

If you can save any money to help with the transition, do so. It's a big drop and there can be delays.

Thanks for that Kingfisher. I don't think there's anywhere local he can attend a course after his current one finishes next year but I'm looking into having the LA fund a home based provision (have been getting some help with it, it looks like being a huge battle but I want him to get maximum support until he's 25). I'm so frustrated with not being able to get paid work - they won't provide enough care for him to enable me to work full time and part time doesn't really give us a higher income so with part time work we'll still struggle. I'm wondering if some sort of self employment that he could accompany me to would work - more to look into! It's so hard trying to sort everything out. So many things to work out. Thanks for the info, it's always helpful to get someone else's first hand experience.

LocoLoco

Alice_Holt wrote: »

Definition of a qualifying young person re the UC child element:

https://www.turn2us.org.uk/jargon-buster/Qualifying-Young-Person

https://revenuebenefits.org.uk/universal-credit/guidance/entitlement-to-uc/elements/
"For UC, once a child reaches age 16 they become a qualifying young person and can be included in a UC claim up to the 1st September following their 16th birthday. After that, they can be included up to the 1st September following their 19th birthday, provided they remain in full-time non-advanced education or approved training, and they were enrolled on, or started, the course before they were 19. (Note: this is different to child benefit and to child tax credit, where a qualifying young person can be included in a claim until they reach age 20, as long as the course started before their 19th birthday)."

Is your son in receipt of PIP?

Thanks for this, Alice, yes, he receives Enhanced Rate Care and Mobility for PIP - that went through smoothly, thank goodness