Joint Universal Credit claim - husband will move from legacy ESA

teacakemoaning

Hello everyone, new here and hoping to ask for some advice, please.

I am looking to claim ESA, as I have difficulty working full-time. I work part-time, only a couple of hours a week, unfortunately anytime I do it really takes it out of me and I can't work consecutive days in a row, due to my fibromyalgia.

I have enquired about making a claim for ESA, however I am told I need to apply for Universal Credit instead.

My husband is a legacy ESA claimant, has been for many years.

When I try to submit a new claim for UC, it asks my name, post code and address, it then says I need to make a joint claim with my partner. I think it must automatically detect he is on benefits already, from the address, because I never enter his name but it automatically says 'you need to make a joint claim for Universal Credit'.

I have followed the process and created UC accounts for my husband and I, so it is a joint claim account, answered all the questions. The next step is to click 'submit claim', but I am hesitant to do so as I am not 100% sure what will happen next.

If I hit submit claim, will his ESA claim instantly be closed the moment I do so? Or will we get a chance to actually sit down with someone at the Jobcentre to discuss what I am doing is right?

I have tried ringing the UC helpline, also gone into Citizens Advice Bureau, but they all just amount to saying I need to go online and start a claim.

I am just worried I am not doing the right thing, and that as soon as I click submit claim, my husband's ESA claim instantly goes out of the window.

The other thing which is difficult to answer is it asks when his conditions started which make him unable to work, but he has probably been on it for about 25-30 years, so what date do I put? It feels like I can only put an arbitrary date of 1/1/1990 as I can't pinpoint exactly when he went on it.

I'm not sure why he hasn't been moved on to UC already, as it seems everyone is on that by now?

Thank you, hope that all makes sense.

huckster

Yes you claim UC as a couple.

What is your Husband claiming for exactly ? ESA income based, support group ? When was his last work capability assessment and how long did they say before next assessment would be due ?

If claiming UC closes the ESA claim, any support group or work group entitlement would transfer over to the UC claim. Should happen automatically before the first statement is issued. Just complete the health information requested,

Do you claim Housing benefit through the Council ?

teacakemoaning

Hi he is claiming income based support group. His last assessment was around February 2019. Don’t know when his ne t assessment is due.
I do claim housing benefit through the council.

calcotti

As soon as you say that you are part of a couple you will be told you must both claim, it has nothing to do with him already being on benefits.

As soon as you press submit that will close your husband’s income based ESA claim. If he has a contribution based entitlement that will not be affected.

You should really do a benefits check to see whether, as a couple you are better off on UC or remaining on your husband’s ESA claim.

Do either of you get DLA or PIP?

As for everyone being moved to UC the current intention is to do this by the end of 2023. The process has only started with a pilot project in Harrogate which according to a recent ministerial statement has so far moved about 13 claimants onto UC, a process that has taken 6 months.

If fibromyalgia is your only health condition You will need to be very clear explaining how it affects you when having a Work Capability Assessment carried out. Unfortunately these ‘invisible’ conditions are often under recognised. You may find useful information here https://ukfibromyalgia.com/pages/support/claiming-benefits.php

This is also interesting https://researchbriefings.files.parliament.uk/documents/CDP-2019-0003/CDP-2019-0003.pdf

calcotti

teacakemoaning wrote: »

Hi he is claiming income based support group. His last assessment was around February 2019. Don’t know when his ne t assessment is due.
I do claim housing benefit through the council.

As soon as you submit UC claim ESA ends and HB ends two weeks later. Your first UC payment is 5 weeks after the date of claim. You can request an advance but this is a loan that has to be paid back over 12 months.

It is likely that you will be better off on UC and this will certainly be the case after 3 months if you are put in the equivalent of the ESA Support Group yourself. If you want to be assessed you need to provide a FIt Note to DWP.

The situation will be different if you are both getting DLA or PIP.

Do you have any children or other adults living with you?

teacakemoaning

I have 2 adult sons living with me.

calcotti

teacakemoaning wrote: »

I have 2 adult sons living with me.

If your housing benefit is being reduced by non dependant deductions for your two sons you may get more help under UC because the non dependant deductions may be lower.

It reinforces my advice, in order to make an informed decision, you get a benefits check done to compare your situation now with what you might get on UC. Initially I would do that without assuming that you get put into the Support Group equivalent known as LCWRA in UC. If you do get the LCWRA element later that will be a bonus.

Your CAB should be able to do this or you can try using an online calculator https://www.gov.uk/benefits-calculators however these can be difficult to use in more complicated situations if you do not understand the benefits system.

jobseeking_help

You can apply for ESA - in the Gov.uk site you need to search for New Style ESA. Searching for only ESA will make you apply for UC.

https://www.gov.uk/government/publications/new-style-employment-and-support-allowance-esa-claim-form

poppy12345

jobseeking_help wrote: »

You can apply for ESA - in the Gov.uk site you need to search for New Style ESA. Searching for only ESA will make you apply for UC.

https://www.gov.uk/government/publications/new-style-employment-and-support-allowance-esa-claim-form

To claim this the OP will need to have worked and paid enough NI Contributions in years April 2017 to March 2019.

huckster

" Initially I would do that without assuming that you get put into the Support Group equivalent known as LCWRA in UC, If you do get the LCWRA element later that will be a bonus."


Remember that for couple UC claims, only one amount of the LCWRA rate is payable. So if the Husband is getting the LCWRA rate for their support group being carried across to UC, then there is not a second amount of LCWRA if the OP also qualifies.

Of course it is still worth going through the work capability assessment, to see if they qualify, as it will affect their claimant commitment.

teacakemoaning

Yes my housing benefit and council tax benefit has been reduced a lot because of my son who is working. Not so much by my other son who is not working. I’m finding all of this very confusing as it’s all so complicated to me.