Help-UC migration

Blancmang25

I need some more help re: my sister's migration from ESA(support group) to UC please?

I have received a message on the journal to say my sister has a telephone appointment for New Style ESA. 
I have sent a message back to say she is severely mentally impaired, cannot read, write and limited speech etc and is this appointment required?

I have also said that I have completed the application to become her appointee on Monday, 11.08.25.

Also they are requesting a fit note?

Do I need to get one from her GP?

UC all new to me, so any help appreciated.

KxMx

She doesn't need a Fit Note, this request is likely down to a delay in ESA confirming her previous award.

Yes the New Style ESA appointment is necessary, hopefully they can delay it for her until appointee is up and running. 

Blancmang25

KxMx said:

She doesn't need a Fit Note, this request is likely down to a delay in ESA confirming her previous award.

Yes the New Style ESA appointment is necessary, hopefully they can delay it for her until appointee is up and running. 

Thanks.
My mum is currently her appointee, we completed the paperwork on Monday to change to me, as mum does not use the Internet.

I have accepted her work commitments as it says she will not get paid any UC? I hope that OK?

I've worked in benefits for years but UC not up to scratch with, but am learning from being on her lol.

Newcad

The new style ESA appointment will probably (almost certainly) be simply to make/accept a Claimant Commitment for NS ESA, as she is in Support Group then that 'commitment' will just be to tell them about any changes of circumstances.

It's the same as the UC claimant commitment which should also just be to tell them about any changes of circumstances.

However NS EAS is a different benefit to UC and so they need to have their own paperwork.

Blancmang25

Newcad said:

The new style ESA appointment will probably (almost certainly) be simply to make/accept a Claimant Commitment for NS ESA, as she is in Support Group then that 'commitment' will just be to tell them about any changes of circumstances.

It's the same as the UC claimant commitment which should also just be to tell them about any changes of circumstances.

However NS EAS is a different benefit to UC and so they need to have their own paperwork.

Thanks.
Now I have brain fog.
Does she get NS ESA and this is deducted from her UC?
Also is NS ESA time limited?
Plus I have just sent off paperwork for the SDP to be added to her current ESA claim, as she became eligible for this in March 2024.
I know when the SDP has been applied I will have to notify UC.
But will she still be entitled to the transitional protection on UC if she gets the SDP after her first payment?

KxMx

Yes. 

No. 

Yes if awarded SDP retrospectively, the UC claim should then be adjusted.

If this means her legacy benefits exceed UC award, Transitional Protection should be added.

Newcad

Yes if you are paid NS ESA then it's an 'overlapping' benefit with UC (you can't be paid for both and get double benefits) so what you get paid by NS ESA  is deducted £ for £ from UC.

There is no time limit for NS ESA in Support Group,

If she had IR ESA (if she got the "Disability Income Guarantee") and the SDP is added retrospectively then that SDP will be backpaid for between when she became eligble to when she claimed UC which ends the IR ESA.

Then you tell UC that SDP has been added to her ESA before migration and her UC will be recalculated to see if a TE should have been included for the SDP from the begining of UC. If it should have been then the TE will be backpaid to the begining of UC and then paid ongoing.

Blancmang25

Thank you all for your help.

One last query the UC regs state that a person that lacks the capacity cannot accept the claimant commitment.

I have put the link to the regs below.

I also checked the ADM guidance following the change in 2022 and it states;

Appointee in place

J1022 If the claimant has an appointee in place this would usually indicate that the claimant lacks the capacity to accept a claimant commitment. The decision to waive the requirement to accept a claimant commitment must be considered on a case-by-case basis by the work coach but in most cases where the claimant has an appointee, the requirement will be waived.

UC REGS link:

16.— [F1(1)]  A person does not have to meet the basic condition to have accepted a claimant commitment if the Secretary of State considers that—

(a)the person cannot accept a claimant commitment because they lack the capacity to do so; or

(b)there are exceptional circumstances in which it would be unreasonable to expect the person to accept a claimant commitment.

[F2(2) A person does not have to meet the basic condition to have accepted a claimant commitment if the person is terminally ill.]

Textual Amendments

F1Reg. 16(1): reg. 16 renumbered as reg. 16(1) (15.2.2022) by The Universal Credit and Employment and Support Allowance (Claimant Commitment Exceptions) (Amendment) Regulations 2022 (S.I. 2022/60), regs. 1(1), 2(a)

F2Reg. 16(2) inserted (15.2.2022) by The Universal Credit and Employment and Support Allowance (Claimant Commitment Exceptions) (Amendment) Regulations 2022 (S.I. 2022/60), regs. 1(1), 2(b)

huckster

Correct. If they lack capacity, the Job Centre Work Coaches accepts the claimant commitments on the claimants behalf, effectively waiving them from being issued.

If your Mum is currently an appointee, if DWP are aware of this, then I would leave adding someone else as appointee until after first UC payment has been issued. It can take a awhile for new appointees to be noted, particularly if home visiting officer process is required. And payment of UC can be delayed.

Blancmang25

huckster said:

Correct. If they lack capacity, the Job Centre Work Coaches accepts the claimant commitments on the claimants behalf, effectively waiving them from being issued.

If your Mum is currently an appointee, if DWP are aware of this, then I would leave adding someone else as appointee until after first UC payment has been issued. It can take a awhile for new appointees to be noted, particularly if home visiting officer process is required. And payment of UC can be delayed.

Thank you.

We have already attended the JC as the wait for a visit was to long.

I have completed the appointee paperwork at the visit changing it over to me from my mum. As advised by JC because mum does not use the internet.

JC confirmed when the first payment would be made and opted for two payments, (my mum deals with this and wanted it to stay the same).

I have put a note on the journal explaining about no capacity and the changing of an appointee and have asked if they can call me to discuss.

KxMx

Although the NS ESA appointment is sent via UC Journal, this is the exception to the rule for the two benefits being administered separately. 

So I wouldn't count on UC communicating your message to ESA, you & your Mum might want to ring them (ESA) directly.

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