managed migration to uc

jenny45

TimeLord1 said:

If you have a health condition or disability, you will not need another Work Capability Assessment ( WCA ) when you move to Universal Credit if all the following apply: you were claiming Employment and Support Allowance ( ESA ) the day before making a claim to Universal Credit. I would say you would fall into this criteria but through Disability working Tax credits. Nobody should be worse off or face further testing. They could assess you later but the way things are not likely to happen. 

thanks so much for your help..settles my head a bit x

TimeLord1

You're welcome I'm used to other situations and disabilities but the UC site application is poor in terms of differing circumstances, it's gateway is tunnel vision and most people are confused in parts or unaware of their rights and rules. I've bookmarked this and will check it to see how you get on with it. Stick to it should go OK. You've done nothing wrong remember that. 

poppy12345

TimeLord1 said:

If you have a health condition or disability, you will not need another Work Capability Assessment ( WCA ) when you move to Universal Credit if all the following apply: you were claiming Employment and Support Allowance ( ESA ) the day before making a claim to Universal Credit. I would say you would fall into this criteria but through Disability working Tax credits. Nobody should be worse off or face further testing. They could assess you later but the way things are not likely to happen. 

That doesn't apply in this case because they are not claiming ESA. As they are also not claiming a disability benefit they will not be able to be referred for a work capability assessment as their earnings will be more than 16 x NMW/week. They could only be referred for a WCA if their earnings are less than 16 x NMW per week. 

If they have no children on their claim they will also not be entitled to the work allowance so earnings received each month will reduce their UC by 55%. 

Spoonie_Turtle

TimeLord1 said:

If you have a health condition or disability, you will not need another Work Capability Assessment ( WCA ) when you move to Universal Credit if all the following apply: you were claiming Employment and Support Allowance ( ESA ) the day before making a claim to Universal Credit. I would say you would fall into this criteria but through Disability working Tax credits. Nobody should be worse off or face further testing. They could assess you later but the way things are not likely to happen. 

OP can't have been claiming ESA as they were working more than the 16hrs/week though.  Is there anything to say the disadvantage test for Tax Credits can be treated as having had a WCA decision? 

poppy12345

Spoonie_Turtle said:

TimeLord1 said:

If you have a health condition or disability, you will not need another Work Capability Assessment ( WCA ) when you move to Universal Credit if all the following apply: you were claiming Employment and Support Allowance ( ESA ) the day before making a claim to Universal Credit. I would say you would fall into this criteria but through Disability working Tax credits. Nobody should be worse off or face further testing. They could assess you later but the way things are not likely to happen. 

OP can't have been claiming ESA as they were working more than the 16hrs/week though.  Is there anything to say the disadvantage test for Tax Credits can be treated as having had a WCA decision? 

Unfortunately, not. 

TimeLord1

They're getting disability working element I assume this was DLA that should now be via PIP but they still shouldn't see a loss if asked to apply for universal credit possible by the hours above the 16hrs. I'm looking this up currently if the disability is confirmed what applies I think it will go through pip claim. 

poppy12345

TimeLord1 said:

They're getting disability working element I assume this was DLA that should now be via PIP but they still shouldn't see a loss if asked to apply for universal credit possible by the hours above the 16hrs. I'm looking this up currently if the disability is confirmed what applies I think it will go through pip claim. 

Seems like you're confused with PIP/DLA and the disabled work tax credits element. This is not the same as a disability benefit such as PIP or DLA. https://www.entitledto.co.uk/help/disability-element

They will not automatically be entitled to the LCWRA element of UC when they migrate across. They would need a work capability assessment for this and as their earnings are above 16 x NMW/week they can't be referred. 

TimeLord1

The entitled link is what I was looking for but who does the 'work disadvantage test’ that I have to say haven't really seen appear poppy. 

poppy12345

The work disadvantage test applies to working tax credits and not to UC. 

TimeLord1

I also downloaded the How to qualify for the disability  

element of tax credits that's a complex document about 7 pages of regulation.