LCW/LCWRA status confirmation delays, (and thus TE calculation delays)

Newcad

Note: I posted this as a comment on a thread, but then though it deserved it's own thread:

I have just been reading on Rightsnet that there are delays to LCW/LCWRA being confirmed by ESA, - and so instances where the LCW/LCWRA element is not paid in the first AP which means means the TE not being able to be calculated are becoming more common.
https://www.rightsnet.org.uk/forums/viewthread/21182/

It's apparently due to the 'Ramping Up' of issuing Migration Notices.

UC can cope with processing the increase in migrations - but nobody seems to have considered if ESA could cope with all the extra confirmations that are needed, (particularly considering that ESA has been reducing staff numbers); and it's become obvious that they can't.

So there is now (again) a backlog processing Migrations at ESA,
So UC aren't getting the needed confirmations and it's reaching the end of the first AP (and sometimes end of the  2nd AP) without LCW/LCWRA being confirmed,
So consequently any TE due can't be calculated either.

'More haste, less speed'.

Robbie64

I'd also imagine it will be having a knock-on effect on how much advance someone can claim in the first month when migrating from ESA. Without confirmation of LCW (pre-April 2017 ESA cases) / LCWRA status, the automatic calculation of a benefit advance will simply be the basic UC amout(s) plus any housing costs.

TimeLord1

I think they're hoping to blanket cover everyone needing migration by September; if you're due to retire within 3 months, then they'll leave you alone, and those people will not be asked to transfer. The councils and housing associations are also extremely busy. Don't bother phoning ESA; it's an AI robot, or I'll connect you to another department for universal credit. Not to mention the people opening new claims. Universal Credit crashed the other day for hours.

The DWP has sent out migration notices to around 800,000 ESA claimants, or those receiving ESA Support Group and Work Related Activity Group with Housing Benefit, to migrate to Universal Credit (UC) by September.
Good luck out there.

TimeLord1

Robbie64 said:

I'd also imagine it will be having a knock-on effect on how much advance someone can claim in the first month when migrating from ESA. Without confirmation of LCW (pre-April 2017 ESA cases) / LCWRA status, the automatic calculation of a benefit advance will simply be the basic UC amout(s) plus any housing costs.

Advance loan's is completed on time via bots.

Newcad

@Robbie64 has a valid point there.

The 'New Claim Advance' is a maximum of your predicted UC entitlement. and during the first month that changes as various elements get added in.

 So if one or more element doesn't get added in the first month then your possible advance amount is lower.

TBH though I dont think that's deliberate, just a consequence of an unintended delay in confirmations.

You could also look at it the other way - less of an advance means less to be paid back.

TimeLord1

Also, I was reading that people who have failed to claim by the date are given an extra month, and some people have been appealing against the migration move. Futile that will be. If you get a letter gather your information and get the timing right and open the claim you can submit data into it without submitting the claim you have 28 days or it's wiped clean. 

tomtom256

@timelord1 only if the advance is being requested via an online account. A lot of ESA migration claims are phone claims, so are being done either manually in a jobcentre or by national telephony.

TimeLord1

tomtom256 said:

@timelord1 only if the advance is being requested via an online account. A lot of ESA migration claims are phone claims, so are being done either manually in a jobcentre or by national telephony.

I'm unsure if claiming via telephone if people are offered an advance while setting up the claim. I assume they are just reading off the standard screen that's online. But unless you find that section and click further, you probably wouldn't see it at first. There's probably statistics about how many ask for the advance payments.

Robbie64

TimeLord1 said:

Also, I was reading that people who have failed to claim by the date are given an extra month, and some people have been appealing against the migration move. Futile that will be. If you get a letter gather your information and get the timing right and open the claim you can submit data into it without submitting the claim you have 28 days or it's wiped clean. 

BiB: this is correct and has always been the case. When migrating you are given a date by which you must claim - for example, 23 May 2025. If you fail to claim by this date, your legacy benefits will cease on this date. However, there's a second and ultimately final date, which is one month less one day after the final date on the migration letter. As long as the UC claim is made by 22 June 2025 then the date of claim is set as the final date on the letter (so in this example, 23 May 2025) and the assessment period would be set as 23rd to the 22nd of each month. Transitional protection will also still be paid.

See https://www.citizensadvice.org.uk/benefits/universal-credit/moving-from-other-benefits/if-youve-got-a-migration-notice/

matt38

I hope this isn't a widespread tactic they are using to try to cut down on delays by reducing the number of migration claimants... 

My "managed migration" claim from ESA/SG was just cancelled outright due to me having just over £16K capital.  They completely ignored that it was a "managed migration" (as mentioned in my journal) and ignored that my savings had been listed in the relevant section on the claim form as benefits back payments of £13k+. They even ignored the copies made by the Jobcentre of the relevant letters from DWP re the back payments and that they would be disregarded, and the copies of bank statements showing the payments had come from DWP. 

I have called the helpline and the chap I spoke to said he would tell the case manager to reinstate the claim. Apparently I will get confirmation within 24 hours that this has been done... Here's hoping!

KxMx

Being a managed migration from ESA isn't relevant as UC is fully means tested.

There is only a specific 12 month exemption for those migrating from Tax Credits with over £16k capital.

Obviously they were incorrect not to disregard most of your capital. 

If no joy from the helpline you can try a formal complaint

https://makeacomplaint.dwp.gov.uk/