UC, ESA and Permitted Work

DWPvictim

I really hope the LCWRA is not an error but will bear that in mind. Hopefully DWP will now include all of this in their calculations of what they owe to him in unpaid ESA and we can finally get back on an even keel.
Thanks again 

DWPvictim

Hi again
We have now heard from DWP as they have decided not to go to Upper Tribunal and have refunded all the ESA money they have been withholding. We asked for a letter to explain how the refund has been calculated but nothing has arrived so far. Can we insist?

My son has been put into an ESA support group and letter says “This means you are not required to take part in any work related activity, although you can volunteer by contacting a Personal Advisor”. Does this mean he cannot carry on with the Permitted Work up to 16 hours per week that he is already doing?

Although he cannot work consistently, work is very good for his mental health and to not work at all would be damaging for him. When he is well he would also like the opportunity to work more than 16 hours a week although he may not be able to sustain it all the time.
The ESA is a generous £138.20 per week - if he opted instead to give up ESA and rely on UC only with LCWRA would this reduce the amount he would receive overall? He has also just heard that they are stopping his PIP so his safety net for when he cannot work has reduced. We are just not sure what he should do to ensure he is protected when his mental health is poor as he has a girlfriend and baby and they are hoping eventually to rent a place of their own.
Any advice gratefully received. Thanks

Robbie64

Your son will still be able to do Permitted Work. That is separate to the group he is placed in. 

What being in the Support Group means is that your son doesn't have to do work related activity which he could be required to do if he had been placed in the Work Related Activity Group. Work related activity simply means doing things that helps move someone closer to work at some point in the future. This can include meeting with a work coach, drawing up a CV etc. Someone in the Support Group isn't required to do any of this.

DWPvictim

Thank you for such a quick response. If he moves off ESA, would his current LCWRA status for Universal Credit have the same effect as being in the ESA Support Group I.E. he wouldn’t be required to see a work coach, draw up a CV etc?

elsien

If his PIP has been stopped, that should also be open to challenge? What reason have they given for this?

Spoonie_Turtle

DWPvictim said:

Thank you for such a quick response. If he moves off ESA, would his current LCWRA status for Universal Credit have the same effect as being in the ESA Support Group I.E. he wouldn’t be required to see a work coach, draw up a CV etc?

Yes, though he'd likely need to send a journal message once he submits his claim to get them to confirm it with ESA, because the two systems are separate and don't talk to each other.

The LCWRA element of UC is actually more than the Support Group of ESA, but UC does make deductions for income above the work allowance (currently £631/month if not renting, or £379/month if renting).  A UC claim would be joint with his girlfriend if they live together, so her income and any savings would be taken into consideration too.

(Once the PIP decision is successfully challenged and it's reinstated, assuming he's not actually miraculously better enough to no longer qualify for it, his girlfriend could claim the carer element of UC as well.)

DWPvictim

Thanks again Spoonie Turtle, that’s very helpful. Now just going to have a think about whether to stay on ESA or move wholly to UC.
On the subject of PIP, because his mental health is so variable, at the time of his telephone interview it seems he didn’t get enough points to qualify. At the moment he is coping better with some aspects of his life which they assess but I’ve no idea if / how there is any link between that and the fact they accept he has LCWRA?
How often do people win PIP challenges? Having just spent 2 years going through the Tribunal process over a Permitted Work dispute I don’t know if we have the energy for another fight!