UC help please

Frances123

Hi all

I was the carer for my 38 year old son who has learning difficulties, autisim and epilepsy.
My income was income support, carers allowance and pip daily living.

My son had to be sectioned over a month ago because of increasing violence towards me and may return home at some future point or be placed in assisted living.

After my carers and income support stopped I rang CAB who said I should apply for universal credit.

I'm worried I should have applied for esa instead as I will be unable to work due to my mental health and have applied for a doctors note to confirm this 

I've read different advice on this, some saying the disability and severe disability premiums I was getting would be lost under uc.
I then read that I could apply for esa as well, but I already started claim for uc.

I also read that I would not be placed on uc as it would badly affect my entitlements and would / could stay on old benefit ie income support untill managed migration took place, protecting any premiums.

Worried sick, appreciate any advice..lol

poppy12345

You won't be able to claim the old Income related ESA because it no longer exists. The rules where those that were claiming the SDP that weren't able to claim UC ended in January 2021 so any change of circumstances now means a move to UC.

As you were claiming the SDP in with your Income Support you will be entitled to the SDP transitional protection in with your UC maximum entitlement. You will need to send in fit/sick notes from your GP and report a health condition on your journal if you're unable to work because of a health a condition. This will then prompt a referral for the work capability assessment in about 29 days. You will be sent a work capability assessment form to fill in and return with all your supporting evidence. You will then be assessed for your ability to work. You will need to continue to send the fit notes until a decision's been made on your claim.

Do be aware that UC is paid monthly, unlike IS which was paid fortnightly.

If you were claiming for help with the rent then this will now be paid in with your UC monthly amount.

It maybe possible to claim New style ESA along side the UC but this will depend on your NI contirbutions. As you were claiming carers allowance there is some relaxation of the rules for the NI contributions but it's complicated so i'm sure someone will see this and advise further regarding that.

If you claim both NsESA and UC at the same time then your ESA will be deducted in full from any UC entitlement so you won't be financially better off but as ESA is a weekly benefit paid fortnightly it maybe worth your while claiming this as well. It's also not means tested so could be beneficial to you in the future. It also pays class 1 NI where as UC pays class 3.

Frances123

Thank you Poppy for putting my mind at rest...

Recent events have left my .mental health spiraling...and the world of pain that is the benefit system is more then just a bit daunting...

Same for so many people.

Hope you're doing ok Poppy.

poppy12345

There's some information in the following links regarding the work capability assessment.

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

This link says ESA but the UC assessment is exactly the same. https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/help-with-your-esa-claim/esa-medical-assessment/

This is the form you will receive. https://www.gov.uk/government/publications/uc50-form-universal-credit-capability-for-work-questionnaire

Please also note that although you're claiming PIP this doesn't automatically qualify you for limited capability for work.

Frances123

Thanks again Poppy!

Yes, I realise that getting pip doesn't  mean I'll be  put in the support group for uc or esa...

Loads of info there to get my head round before putting pen to paper.