NS EMPLOYMENT SUPPORT ALLOWANCE: WORK RELATED ACTIVITY GROUP

bkmla

I understand you to say that my friend's LCW status would continue until the DWP decides to reassess him. Is this correct?

If it is, it wouldn't be a bad outcome, as I feared that after a certain amount of time of having LCW the DWP might automatically pass him fit for work without another reassessment.

My friend hasn't done a benefits calculation.

His last payday is 14 August. He should be paid £1190. This represents salary due for the period 26 July to 14 August.

After that, his income from employment will be nill.

His only income will derive from NS ESA (£90.50 p/w), Adult Disability Payment (£72.65 p/w) and what he will be awarded from a claim for Universal Credit.

poppy12345

bkmla said:

I understand you to say that my friend's LCW status would continue until the DWP decides to reassess him. Is this correct?

If it is, it wouldn't be a bad outcome, as I feared that after a certain amount of time of having LCW the DWP might automatically pass him fit for work without another reassessment.

That's correct. Although it's not the worst outcome but it's not the best outcome either and maybe expected to do some work related activity such as attend work focused interviews to prepare to work in the future but wouldn't be expected to look for work. 

if he thinks it should be LCWRA then as advised he should challenge that decision. He can also post here himself if he needs further advice with that. 

He should claim UC the day after he receives his final earnings. The deduction for the ESA in UC will be £392.16/month. 

Newcad

When your friend claims UC he puts on the application that he is unable to work due to illness/disability, and adds a note that he has already claimed NS ESA, has already had a Work Capability Assessment, and is awaiting the outcome.

He will then be treated in UC the same as in ESA, ie. send fit notes, no jobseeking, and the WCA decision when made will apply to both benefits.

When to apply for UC is his choice.
As said I'd wait until after his last pay has been received, and then he can pick a date to claim that will mean he can set which day each month that he will be paid UC on (after the first month).
Generally that will be 6 days after he makes the claim. eg I chose to claim UC on the 14th of the month so that my UC is paid on the 20th of each month.

As also mentioned the money he gets for ESA will be deducted £ for £ from the UC payments which, if he is single and has no housing, child, or caring responsibility to claim for, may leave no UC payable whilst the ESA is still being paid and he is waiting for the assessment decision.
That will change once the decision is made if its LCWRA, or once the ESA stops being paid if it's LCW or if the decision hasn't been made before the 12 months are up; it happens sometimes.

If he is single with no housing costs or children/caring then he could choose to wait to claim UC until after the WCA decision is made, or maybe month 10 or 11 of ESA, whichever happens first.
He should do a benefits calculation though to see just what he may be entitled to now with both ESA and UC.
I usually use the Entitledto calculator which you can find here: https://www.gov.uk/benefits-calculators

As regards reasessment:
Yes they are supposed to be done regularly, but they don't have the staff and there are currently years of backlogs.
Some reassessments are still being done when they can fit some in, but mainly they are just doing new claim WCAs.
It isn't a problem because your current LCW/LCWRA status simply continues untill changed (or not changed) by a reassessment.
My last reassessment decision was in Jan 2019 when I was still on ESA not UC, - I still haven't had another one yet but I do know someone who has had one recently, showing that they are still doing some.