Automatic Conversion of Legacy CB ESA to NS ESA.

Newcad

'Old Style' CB ESA apparently no longer exists and existing awards have already been converted to 'New Style' ESA.

Whilst most people who had Legacy 'CB Only' ESA will not really notice the difference what it does mean is that if their circumstances change then they can now no longer get any IR ESA (the premiums) added to their  Legacy CB ESA - because it's now been converted to 'New Style' ESA.
(They should however be able to claim UC if their circumstances change, instead of the IR ESA Premiums).

From the 12th December DWP Touchbase email (my bolding):

From 1 December 2025, Contributory Employment and Support Allowance (ESA) claimants can no longer become entitled to income-related (ESA). Contributory ESA will be renamed New Style Employment and Support Allowance, but payments will remain unchanged and continue to be paid into claimants’ bank or building society accounts. 

 
  If a claimant’s circumstances change and they need additional financial support, they may be able to claim Universal Credit at GOV.UK.  
The Department for Work and Pensions will write to all claimants receiving contribution-based ESA to confirm: 

    They do not need to contact us. 
    Universal Credit may be available if circumstances change.  

TimeLord1

This must also mean that everyone on ESA contribution income related has now been moved to universal credit.  Maybe it will be easier to get through to someone if they're now automatically moved to the the New Style ESA. 🤔

Newcad

Not quite, it's simply preventing any new claims for IR ESA  as from 1st Dec 2025.

Any existing CB ESA + IR ESA claims that are still to be migrated are not affected by that.*

There might be a bit of a greyish are where, according to that Touchbase note, those existing CB+IR ESA's have ostensibly become New Style while IR ESA is still in payment.
I assume that has been accounted for somewhere in the regs, or just by policy which is easier to do. 
Legacy CB ESA has always converted to New Style ESA on the day that you claim UC anyway.

There could also be a bit more of a special case and opinion has also been asked on Rightsnet as to whether a change of circumstances entitlement to IR ESA that arose before Dec 1st can still be claimed and backdated.
(Personally I believe that legislation says that can happen, at least between the date of the CofC and 1st Dec, - but it could cause headaches for how that is then backpaid, and whether it could then become UC backdated to 1st Dec. Remembering that no Managed Migration notice will have been issued. I'd say that if it does crop up then it's probably going to be one for the lawyers).

*It would be interesting to know just where the Managed Migration process is currently up to.

They were supposed to have all MM notices out by at latest the end of December 2025, so that the 3-months deadline for claiming UC would be before April 2026 and the new financial year.

You would have thought the DWP/Government will be quick to issue a press release patting themselves on the back when the last MM notices have been issued, I haven't seen anything yet though

TimeLord1

I wonder also what those staff allocated to migration will be doing when it's completed?  Processing new or existing claims or reducing the out-of-work numbers. I think the new financial year will be about cost cutting.  Still, you can chill soon! 

Newcad

TimeLord1 said:

 I think the new financial year will be about cost cutting.  Still, you can chill soon! 

Already chilling thanks.
Had my final WFI last week. My Work Coach was absent so I had somebody who doesn't know I do benefits advice stuff and said "Oh, your UC ends when your Recah State Pension, here's what will happen ....." and then got it mostly wrong as they often do.
So no more Jobcentre visits for me. 

Even More chilly - About an hour ago I got delivered to my door a small reward from the OVO forum where I am an 'Expert Volunteer', so I'm currently chilling with some verry good cheese and crackers and a glass of good Sicilian wine as I write this.

As many of us hope- Things for me are getting better at last.

Starbright2

So happy to read this Newcad, you deserve it 

huckster

@Newcad

What did they get wrong in regard to state pension?

Newcad

huckster said:

@Newcad

What did they get wrong in regard to state pension?

We have drifted off the topic of the thread title which is about CB/NS ESA and not about UC at all, but OK.
The main one she got wrong was saying that Pension Age Housing Benefit could not be claimed/paid until after the last UC payment has been received.
She did know that the legislation was changed in November 2020 and that UC now runs on until the end of the AP where you have reached State Pension Age.
However it seems that the Jobcentre UC staff have never been updated about an equally important change in the 2006 HB legislation which means that while pension age HB can still be clalimed from the date that you reach SPA, and paid from the following Monday, the ammended legislations also ensure that UC Housing Element and HB are disregarded for each other during that final AP run on.
So depending on just when in your AP you reach SPA, you can get BOTH UC-HE and HB paid overlapping for up to 4-weeks. (Personally I'll get 2-weeks overlap).

References:
https://www.gov.uk/government/publications/housing-benefit-adjudication-circulars-2021/a42021-the-universal-credit-persons-who-have-attained-state-pension-credit-qualifying-age-amendment-regulations-2020
https://www.legislation.gov.uk/uksi/2006/214/contents

She also got things slghtly incorrect with how it works with the overlapping entitlements to State Pension and UC, as well as with a deferred Private Pension and UC, during that final UC AP run-on.

Whilst what she said was correct to the legislation, it is not what currently happens in practice.
Yes, the UC entitlement and the Pension entitlements overlap and any actual or Notional Income from a Pension entitlement should be deducted £ for £ from UC.
In practice though that only actually happens if you get a pension payment before the end of the AP, so if your first pension payment is not received until after your final AP has ended then nothing gets deducted from UC.
(Personally, if I claim HB and start my private pension at the right times, then in March I should get payments of all the lot, the last payment of UC and then the first payments of the pensions and HB all arriving in one 7 day period).

TimeLord1

Back to the thread, will they have to do a claimant commitment? Tick box phone call or just get a letter stating your legacy ESA has been converted to NSESA. Makes a mockery if they omitted the process but do it for migration claims. Unsure how that will work out; maybe someone will experience it.  Sounds very cheesy. 😁

Newcad

As quoted in the original post it says they will send everyone affected a letter and that they will not need to contact the DWP.

The Department for Work and Pensions will write to all claimants receiving contribution-based ESA to confirm: 

They do not need to contact us.

They have put a process in place to waive the need for a claimant commitment to be signed, particularly where the claimant is LCWRA, they have already been using it in Managed Migrations (at least with some MM's).

Let's face it, if you are LCWRA then the CC is minimal anyway, so just doing it clerically for all LCWRA's saves time and money all round.

The letters will no doubt say just what the LCWRA CC would say, ie. "Tell us of any Changes of Circumstance".
As that's standard for any benefit claim, CC or not, then it doesn't really need signing.

In fact in my opinion LCWRA should never have had to sign what is a useless CC anyway, it's just the UC/New Style JSA/ESA systems being too rigid again.

huckster

Is the main reason for issuing the new style ESA CC, the declaration about DWP being able to claim back all overpayments, even if these occurred by official error?

Under old style ESA official error overpayments could not be recovered and were written off.

From DWP Gov.uk overpayments guide

1.29. For Universal Credit and New Style JSA and ESA claims, any overprovision, including Official Error overpayments, can be recovered under Social Security Legislation.