ESA / UC - fit note requested

System

This discussion was created from comments split from: Fit Note and UC50 form..

whiteduck

I was on ESA and in the support group my partner was also on my esa. he is my carar. ESA was being stoped because i was Retiring so we had to both go on Universal Credit mixed age. Now iv'e got to supplie fit note waite for UC50 Form to come i do get high rate pip. so why have i got to do this any one no.

born_again

whiteduck said:

I was on ESA and in the support group my partner was also on my esa. he is my carar. ESA was being stoped because i was Retiring so we had to both go on Universal Credit mixed age. Now iv'e got to supplie fit note waite for UC50 Form to come i do get high rate pip. so why have i got to do this any one no.

When you say you are retiring. Is this due to reaching state pension age?
Which would seem odd that they require fit notes.

MSE_ForumTeam5

@whiteduck we've split your question into this separate thread

Rubyroobs

If you switched before you turned pension age then the LCWRA element of Universal credit should have automatically been added. If you've left it until until after you've reached state pension age and therefore your ESA claim has closed then it may not be so straight forward.

Newcad

Awkward one.

As a couple only one of you is the claimant and classed as LCWRA for ESA. (The other is just 'and partner').

Which means that when your ESA migrates to UC only one of you gets the LCWRA status migrated automatically and the other one needs to go through the Work Capability Assessment again.

I think we would all agree that sometimes this is wrong (I was thinking of using a stronger word) but at least for the moment it it is what it is.

Spoonie_Turtle

When you say 'high rate PIP' do you mean enhanced for the daily living element?

From ADM chapter G3:

G3030 A claimant is treated as having LCWRA where they
1. have reached the qualifying age for SPC (see DMG Chapter 77) and
2. are entitled to
2.1 AA
2.2 the highest rate care component of DLA or
2.3 the enhanced rate daily living component of PIP.

So even if there has been a break between your ESA claim and claiming UC, you still shouldn't need a fit note because this is very clear.

However, if there was a break between your ESA and UC, you might prefer to be assessed as well because LCWRA is an ongoing award and chances are you won't be reassessed thereafter, whereas having it tied to your PIP could be very annoying if your PIP were to (correctly or incorrectly) end at any point.

poppy12345

If there was a break between your ESA ending and claiming UC even if your PIP includes Enhanced daily living there would still be a waiting period of 3 full assessment periods before your UC will include the LCWRA element. It’s then paid from the 4th month, with first payment being the end of that month. 

HillStreetBlues

It's a pity OP your never sort advice before reaching  SPA
What you should have done is claim UC just before SPA  that would have meant being put in to LCWRA, and that would have continued.
What had now happened is ESA ended and you needed to claim UC but in doing that the SG to LCWRA isn't carried over.
poppy is correct that LCWRA element will now be paid from the 4th month if you Enhanced daily living of PIP