Pointless UC claim?

sportsarb

I think I know the answer to this but just want to check with the good people of this board. Reasonably often have been an answerer on here but I think this is the first time posing a question.

I've been off work for some time and am currently serving my notice period as my employer has dismissed me. I think they're perfectly entitled to do so given circumstances including OHS report.

From 17/08/19 I am on pension rate of pay which comes to £491.22 per month. From 17/07/19 I am also on ESA currently at £73.10 but I have been advised that from 16/10/19 I will be in the support group.

I put in a claim to UC because when I used the calculator it told me I might be entitled to some help with housing costs. However, this was only once the Support Group/LCWRA took effect, as I put in my claim to UC on 12/08/19 the AP will end on 11/09/19. Subsequently, as I am in the Support Group on ESA from 16/10/19 this will be backdated to 12/10/19? I think I am correct on that.

Additional to the above, because I am being dismissed due to capacity/unacceptable attendance, my employer is making a compensation payment to me which they say is due (I know this doesn't necessarily mean it will be paid on exactly this date) on 23/10/19. This will leave me above the higher savings limit assuming that all goes through, and so it will be backdated also to 12/10/19?

I'm not quibbling on whether I am entitled long term or not, as I know that I won't be, I just want to check that my understanding of how UC works is correct and that it would be pretty pointless for me to attend an appointment on Thursday which I really wasn't feeling comfortable attending anyway.

huckster

Yes, I think your understanding appears correct.

If you have used a benefits calculator and it confirms what you said, then yes a UC claims seems pointless.

You should call UC to withdraw the claim, so the appointment is available for someone else. In the week running up to a bank holiday, appointments can be difficult to obtain and someone else might really need it.

calcotti

Not part of your question but make sure you inform ESA about your pension. Although ESA is not generally means tested any pension income in excess of £85/week is taken into account at a rate of 50%. At £491.22/month I make this £113.54/week so a deduction of £14.27 will be made from your ESA.

As regards claiming UC, because you have claimed UC while in the ESA Assessment phase UC will apply their own LCWRA waiting period from the start of your UC claim. This means that you cannot get the LCWRA element in your UC until your fourth assessment period beginning 04/11/2019, even though you will be in the ESA Support a Group before then. In situations like yours it is better to wait until you are actually in the ESA Support Group before applying for UC. Given that you are going to trip over the earnings limit it doesn’t look as if claiming UC is worthwhile.

sportsarb

huckster wrote: »

Yes, I think your understanding appears correct.

If you have used a benefits calculator and it confirms what you said, then yes a UC claims seems pointless.

You should call UC to withdraw the claim, so the appointment is available for someone else. In the week running up to a bank holiday, appointments can be difficult to obtain and someone else might really need it.

I will inform them via the journal. That was how they notified me today.

calcotti wrote: »

Not part of your question but make sure you inform ESA about your pension. Although ESA is not generally means tested any pension income in excess of £85/week is taken into account at a rate of 50%. At £491.22/month I make this £113.54/week so a deduction of £14.27 will be made from your ESA.

My understanding is that pension rate of pay is still employment earnings albeit at the pension rate. Just to clarify, I’m not close to retirement age and I haven’t been medically retired, this is just a discretionary rate of pay that my employer is paying after full and half pay has finished.

I hope I’m not wrong on the fact that it doesn’t need to be declared.

calcotti

sportsarb wrote: »

My understanding is that pension rate of pay is still employment earnings albeit at the pension rate. Just to clarify, I’m not close to retirement age and I haven’t been medically retired, this is just a discretionary rate of pay that my employer is paying after full and half pay has finished.

I hope I’m not wrong on the fact that it doesn’t need to be declared.

Perhaps I misunderstood your post. I read it that this was money you would continue to receive after your employment ends in which case it isn’t occupational sick pay. Is this actually a payment that will end when your employment ends? Your use of the term pension is what I picked up on.

What is taken into account depends on the nature of the payment.

sportsarb

calcotti wrote: »

Perhaps I misunderstood your post. I read it that this was money you would continue to receive after your employment ends in which case it isn’t occupational sick pay. Is this actually a payment that will end when your employment ends? Your use of the term pension is what I picked up on.

What is taken into account depends on the nature of the payment.

It will end at the same time as my employment ends. When googling the term I see that elsewhere it is referred to as sick pay at pension rate.

I’m not sure if it counts as OSP, it possibly is, but it always gets referred to as pension rate of pay.

calcotti

If it’s sick pay it’s ignored.