If I'm moved to UC from ESA support group

Iwanttobefree

Hi,

AT present I am in the ESA support group and don't usually see anyone for years.

They always say my condition isn't likely to change (apart from a hellish period where I had to go through the appeals procedure).

My GPs have said I will never work again.

My wife is self employed.

As I understand it, when I'm forced to move, I will be put into the LCWRA.


Having had experience of the UC system when I had to go through the appeals, and the fact that my wife had to keep updating them on her earnings, thankfully we stopped the UC claim before it got too far, hence stayed on the ESA benefit.

But that initial period was a hellish period, my wife having appointments made to see her, her moving her clients around, them cancelling at the last second and demanding she come say 3 days later etc.  I suffer from depression that is kept under control by meds, but going through the appeal and the UC (which was actually worse than the appeal), my depression was so bad that that's the only time I've ever felt suicidal 

Currently my ESA support group isn't means tested, my wife's earnings are irrelevant (mind you as a hairdresser they aren't exactly a huge amount anyway).

If I'm moved from the current system, does that then mean my wife has to constantly keep them updated on her earnings (bearing in mind, it's not until the accounts are done that she knows exactly what her profits are) , or if I'm put into the LCWRA group, does that mean they leave us both alone?

I'm also on PiP, I presume they aren't thinking of moving that over?

Many thanks

poppy12345

As you're claiming Contributions based ESA then this is not part of UC. Unless you're claiming housing benefit or tax credits you will not need to claim UC.

However, even though your wife works there could be some entitlement to UC depending on your joint circumstances. If you do claim it then yes your wife will need to report her earnings and expences on her journal on the last day of her assessment period.

PIP is not part of UC.

Iwanttobefree

Thanks,

I was worried as it said on the BBC news that all legacy benefits are moving over to UC, which I presumed would include my Contributions based ESA, to quote from the BBC news page

Plans to forcibly move millions of people off legacy benefits and onto universal credit begin on Monday, amid calls for the process to be halted.

The Department for Work and Pensions (DWP) aims to move all claimants to universal credit by the end of 2024.

The letters - to be sent out from Monday onwards - will give claimants a deadline, usually of three months, to apply for universal credit.

But charities say they have received no assurances that vulnerable people who do not respond in time will not have their existing benefits cut off

.I took that to mean if I get the letter and don't switch over, my ESA would cease

calcotti

Iwanttobefree said: I was worried as it said on the BBC news that all legacy benefits are moving over to UC, 

It should say all means tested legacy benefits.
It's possible that at some stage a tidying up exercise will be done to change contribution based ESA to new style ESA but that would have no practical significance.

Iwanttobefree said:

..., thankfully we stopped the UC claim before it got too far, hence stayed on the ESA benefit.

You stayed on contribution based ESA because you are entitled to it. Even if you claimed UC you would keep the contribution based ESA (but it would be deducted from the UC).

poppy12345

It would be worth using a benefits calcutator to check if there's any entitlement to UC. You will receive the LCWRA element from the start of your claim because you're in the Support Group.

If your PIP includes the daily living part your wife will be able to claim Carers element if she looks after you for at least 35 hours per week. You will be entitled to a work allowance which means part of your wife's earnings will be ignored before the 55% deductions apply. https://www.gov.uk/government/publications/universal-credit-work-allowances/universal-credit-work-allowances

https://www.entitledto.co.uk/benefits-calculator/Intro/Home?cid=c2d4e6f1-530b-455b-94a9-7811e9bc6112

Your ESA will be deducted in full, as advised.

calcotti

Iwanttobefree said:.. does that then mean my wife has to constantly keep them updated on her earnings (bearing in mind, it's not until the accounts are done that she knows exactly what her profits are) ,..

If you were claiming UC bear in mind that she does not need her accounts to inform UC of her monthly earnings.
UC is based on a simple cash basis so it is just providing a figure for money actually received and money actually spent (plus any flat rate expenses allowances).