ESA been stopped

Alice_Holt

kkkklinky said:

I don't think transitional protection applies to us since we don't get the SDP, in fact we would be about £100+ a month better of on UC. It's the fact we have been kicked off our benefit without warning...

Will my partner have to go through the WCA again, he was in the Support Group?

       As it stands at present - Yes.  He will have to start again and submit fit notes, then have an assessment.

     That's another reason to do a MR and get the incorrect decision overturned. So, then, you will have been entitled to ESA and in the SG at the time of claiming UC - which means that you should automatically receive the LCWRA amount from the start of the UC claim. 

    Given that DWP can misunderstand this - it's another reason to get help from your advice charity, keep your MP in the loop, etc, etc.

      

HillStreetBlues

I would also try and get HB reinstated.
You don't need to be on ESA to get HB people on low income can also get it, what ESA does is give you full entitlement.
So in you are on a low income, your entitlement to HB hasn't ended, it might  be reduced but claim should continue IMO.

Alice_Holt

kkkklinky said:

I don't think we are going to appeal the decision, it's likely we would of received our migration letter this year anyway and we will be financially better off. I will definitely try to get back any missing ESA though.

        Then you will have a 14 wait period (assuming the WCA assessment goes well) and lose the 14 weeks of c.£400 LCWRA addition.  About £5k in total.

       You will need to MR and appeal the incorrect ESA decision if you want to get back the missing ESA.

       Get advice and help from your local advice agency, otherwise you will be massively out of pocket because of the DWP error.

       

kkkklinky

I have read that as long as he was in the Support Group within the last 6 months, he can be put straight into LCWRA on UC. 

Alice_Holt

HillStreetBlues said:

I would also try and get HB reinstated.
You don't need to be on ESA to get HB people on low income can also get it, what ESA does is give you full entitlement.
So in you are on a low income, your entitlement to HB hasn't ended, it might  be reduced but claim should continue IMO.

       Yes, and as I have suggested the OP should involve their ward councillor in this process. 
  LA's can be difficult to deal with, and subcontract HB functions to the cheapest outsourcing company - adding another layer of incompetence into the mix.

Alice_Holt

kkkklinky said:

I have read that as long as he was in the Support Group within the last 6 months, he can be put straight into LCWRA on UC. 

      Where did you read that?

      A facebook group?


     Have you got an authoritative reference backing that up?



  I'm 99% sure he has to be entitled to ESA and in the SG at the date of the UC application to be passported into the LCWRA.
But check it with your local advice agency.

Here is my authoritative reference  -   https://www.turn2us.org.uk/get-support/information-for-your-situation/universal-credit-uc/additional-elements-of-universal-credit-uc

which states -  "You may have to wait three full assessment periods from first reporting sick notes for your LCWRA element to be added on. Although there are some instances where it can be added on straight away, such as if you are terminally ill or you were entitled to one of the Employment and Support Allowance (ESA) components immediately prior to your Universal Credit claim."

Note the phrase immediately prior (which is not the same as the last 6 months).

As I have posted, the way to be entitled to the LCWRA immediately prior to your UC claim is to get the incorrect decision overturned by MR / Appeal.  


I think I have now given you all the advice / info relating to your situation that I'm aware of - it's entirely up to you what you chose to do with it.  

 

Spoonie_Turtle

kkkklinky said:

I have read that as long as he was in the Support Group within the last 6 months, he can be put straight into LCWRA on UC. 

From what I can find, whomever/wherever said that may have been referring to UC awards that ended within 6 months, but it definitely does not apply to ESA.

https://data.parliament.uk/DepositedPapers/Files/DEP2024-0442/143._Relevant_periods_for_LCWRA_V6.0.pdf

Exceptions to serving the relevant period
The requirement to serve the relevant period always applies except where:
• the claimant is terminally ill 
• there has been a previous award of Universal Credit which included LCWRA and either:
- the Universal Credit claimant becomes a single or joint claimant as a result of couple separation or formation
- the claimant’s  Universal Credit award ends when their income or earnings exceed their entitlement and they claim again within 6 months 
• the claimant has a continuous claim from Employment and Support Allowance to Universal Credit or is still entitled to New Style Employment and Support Allowance (ESA) with the support component or work-related activity component 

kkkklinky

I am going to contact social services to deal with my partner and take responsibility from now on. I just can't deal with this rubbish anymore, Im going back to work(I was a Paramedic previously), someone else will have to care for him because I've had enough of the DWP. If I move out them someone will have to take responsibility for him. I am not having anything to do with the DWP ever again. I've reached my final straw. 

Robbie64

Have you spoken to ESA about your ESA being stopped? It's possible that there's been a (technical) mix-up where your ESA was incorrectly suspended or stopped while the ongoing issue of CA was being sorted. This may have triggered a notification to the council who have then stopped your HB. A letter has then been sent  by HB notifying you of this. Meanwhile, your ESA may have been put back into payment and this should mean your HB is put back into payment.

When HB stops due to a change which is connected to a passporting benefit such as ESA stopping, the HB shouldn't be actually stopped / claim closed. It's usually suspended pending the claimant getting in touch.

If you phone ESA on Monday morning you should be able to go through security using your telephone keypad or by speaking the answers and then being informed of your next ESA payment amount and date. If needed, you can then stay on the line to (eventually) speak to someone. I'd suggest phoning at 8am.

Dealing with the DWP is painful. Dealing with HB is painful. Dealing with both is doubly painful! It looks like something has temporaily happened with your ESA that has triggered the HB letter. It's the DWP that you need to speak to next, then you can go back and speak to someone at HB. You may even find on Monday that both benefits are back in payment as if nothing has happened.

devon_guy

Alice_Holt said:

kkkklinky said:

I don't think we are going to appeal the decision, it's likely we would of received our migration letter this year anyway and we will be financially better off. I will definitely try to get back any missing ESA though.

        Then you will have a 14 wait period (assuming the WCA assessment goes well) and lose the 14 weeks of c.£400 LCWRA addition.  About £5k in total.

       You will need to MR and appeal the incorrect ESA decision if you want to get back the missing ESA.

       Get advice and help from your local advice agency, otherwise you will be massively out of pocket because of the DWP error.

       

This is totally incorrect, LCWRA is circa £400 a month not a week!