ESA two week run on

HillStreetBlues

When migrating to UC from ESA you get a 2 week run on, With income based it seems very simple as there is no deduction from UC
But what happens with Con ESA?  as Con/New Style is deducted from UC? Should that 2 week run on be deducted from UC meaning that the person is no better off as ESA isn't actually ending , or should that payment be ignored?

kkkklinky

I think because your ESA continues as normal the run on doesn't apply. I may be wrong but that is what happened when a friend migrated from CESA.

Update ..the run on only applies to IRESA or other income related benefits not contribution based when migrating

Newcad

It is only the IR ESA amount that migrates - basically any 'Premiums" (EDP, SDP, etc.) - it is only that IR amount that runs on and overlaps with UC for 2-weeks.

So you get 2-weeks extra of the IR part of ESA, (basically any "Premiums"), you do not get an extra 2-weeks of the CB ESA, and CB ESA is deducted in full as usual.

HillStreetBlues

Thanks.
That's what I thought but friend (over 25) that migrated to UC from the Income premiums of Con ESA SG.

had 2 ESA payments so should have £598.86 deducted

Newcad

If your friend had 2x ESA payments for the same amount as before, but only had the CB ESA amount deducted from their first UC payment then that would be right.

Ongoing ESA payments should then be at CB rate only.

(Sorry, in pub had beer so I'm not number crunching at the moment).

HillStreetBlues

Newcad said:

If your friend had 2x ESA payments for the same amount as before, but only had the CB ESA amount deducted from their first UC payment then that would be right.

Ongoing ESA payments should then be at CB rate only.

(Sorry, in pub had beer so I'm not number crunching at the moment).

Friend claimed UC on 1st Feb day after receiving a ESA payment (31st Jan). 
14th Feb received ESA payment that included the DP (the DP two week run on)  and on the 28th Feb ESA Main part  plus SG.
My understanding is that the two ESA CB/New style payments should be deducted from UC but not the DP that was received on the 14th Feb
But statement doesn't tally with that.

Newcad

Edited now I've had time to think a bit more.

ESA is paid in arrears, so the ESA Payments on the 14th and 28th would be correct.

Then (normally) there should be a months worth of CB ESA deducted from UC.
For Support Group that would be: £138.20 x52 /12 = £598.86 as you say.
And that is how it used to work.

However, I've had a rethink and something in the back of my brain says there was a legal challenge to that on the grounds that it was unfair to those with both CB and IR ESA who got less of an 'overlap' of payments than those who had IR ESA only.
It may be that rather than go to court the DWP simply decided to not deduct for the first 2-weeks of ESA following migration to UC, no matter which type of ESA it was? (Of course CB ESA only doesn't migrate anyway)
I think there was something on Rightsnet about it? I'll see if I can find it.

HillStreetBlues

Last night a new UC statement was issued with a deduction of £598.87, seems the DWP screwed up.
I did wonder as it does seem unfair that a person on IR ESA gets more on the transition.

Newcad

This recent thread on Rightsnet is probably what I was thinking about, it got a couple of new posts today making it easy to find.

So not yet a legal challenge but watch that space....

https://www.rightsnet.org.uk/forums/viewthread/20972/#97792

HillStreetBlues

Newcad said:

This recent thread on Rightsnet is probably what I was thinking about, it got a couple of new posts today making it easy to find.

So not yet a legal challenge but watch that space....

https://www.rightsnet.org.uk/forums/viewthread/20972/#97792

Thanks
Friend got paid today with the incorrect deduction so already has an overpayment. Will just let then take the money from future UC payments.
Everything had run smoothly until that error.