Moving from ESA to Universal Credit

Ames · 11 February 2018 at 8:04PM

louangel311 wrote: »

From the VAST amounts I've read - if I stay where I currently live - my area goes to full service on 14th Feb - they will start rolling out UC and everyone will be transferred over to it by 2022 - the natural migration process.

And......if I have no change in circumstances, I'll get transitional protection hence I won't lose the additional LCW payment of £29 per week.

Am I making sense? x

ETA: Ignore this post, I was wrong.

I think the confusion is because 'transitional protection' is used about people who will be entitled to less money on Universal Credit because of new rules. The Severe Disability Premium (£63 per week for people who live alone and don't have anyone claiming carer's allowance for them) doesn't exist under UC and it's this that people usually talk about in relation to transitional protection.

In your case there's no need for transitional protection because there's nothing to protect - the basic ESA and LCW amount do exist under UC.

Alice_Holt · 11 February 2018 at 8:29PM

Ames wrote: »

In your case there's no need for transitional protection because there's nothing to protect - the basic ESA and LCW amount do exist under UC.

I'm not sure this is correct Ames.
The LCW element of UC was removed for new UC claimants from April 2017 (see link in my earlier post)..
If the OP moves to a full UC service area, then it will be a new claim at current UC rates - which now don't include any LCW element.

UC keeps throwing up unfortunate nuances - due to cost cutting measures.
https://www.theguardian.com/society/2016/may/03/universal-credit-cost-cutting-treasury-benefit-reform-resolution

OP - are you moving from one LA to another in a full service area?

Ames · 11 February 2018 at 8:32PM

Alice_Holt wrote: »

I'm not sure this is correct Ames.
The LCW element of UC was removed for new UC claimants from April 2017 (see link in my earlier post)..
If the OP moves to a full UC service area, then it will be a new claim at current UC rates - which now don't include any LCW element.

UC keeps throwing up unfortunate nuances - due to cost cutting measures.
https://www.theguardian.com/society/2016/may/03/universal-credit-cost-cutting-treasury-benefit-reform-resolution

I didn't know that

They're really doing their best to get rid of sickness benefits aren't they.

Alice_Holt · 11 February 2018 at 8:39PM

Ames wrote: »

I didn't know that

They're really doing their best to get rid of sickness benefits aren't they.

But I'm not altogether definite because Pmlindyloo thinks a continuous ESA claim would attract the LCW element. And her advice is usually spot on.

I can only suggest the OP goes to his local CAB and ask the adviser to contact their Expert Advice Team for clarification, and email him with their response.

I hope I'm wrong, but.....

louangel311 · 11 February 2018 at 8:57PM

Alice_Holt wrote: »

I'm not sure this is correct Ames.
The LCW element of UC was removed for new UC claimants from April 2017 (see link in my earlier post)..
If the OP moves to a full UC service area, then it will be a new claim at current UC rates - which now don't include any LCW element.

OP - are you moving from one LA to another in a full service area?

I am looking at my options of where I could move to. I am a Housing Association tenant (as I've previously said, my area goes to full service on 14.2). I am trying to mutually exchange. I had an exchange before Christmas and had to pull out of it as the area I was moving to was a full service area, and it wasn't until I phoned their council to enquire about making a new claim for HB that I was told I couldn't and would have to claim UC. I did a lot of research and was under the impression I would lose the LCW component under UC as they stopped it as of 3.4.17.

So, there are still "live" areas that aren't currently accepting new claims for UC (I can't put the link in for the map as I'm a new user) If I can find an exchange to one of these areas that isn't yet full, I think I can stay on ESA and HB.

But then today I've been reading the DWP Paper (advice for decision makers) Chapters M6 and F5 and the Universal Credit (TP) Regs s 19 (1) (a) and 20 (1) (a) which imply that there are circumstances whereby a person can stay on ESA even in full service areas and not lose the LCW component.

I think perhaps, I need to see a welfare solicitor to advise - no disrespect to the CAB, but this UC is being rolled out and is so complex, I don't want to be told the wrong information.

Thanks

huckster · 11 February 2018 at 9:26PM

My understanding is thus.

If you have to move from ESA to UC and had LCW on your ESA claim with a current prognosis period still running, then UC will allow LCW under the new UC claim.

BUT you would need to make sure UC were aware of the previous ESA claim and when it stopped; AND when the current prognosis period is due to expire meaning a need for a new Work Capability Assessment. UC will then allow LCW and note the prognosis period end date.

With a change of circumstances causing migration from ESA to UC, you will receive a letter from ESA saying your ESA claim will stop on x date and you have one month to start a UC claim. If you start the UC claim within the one month, then the UC start date can be backdated to the date the ESA claim closed.

* prognosis period. When you had your WCA medical and DWP made a decision to award LCW, they would have applied a review date to your award. This is the prognosis period end date, when a new WCA medical would be required. It is to check whether your capability to work has changed or not. If the new assessment is that you don't qualify for LCW, then it will be taken away. Of course you could ask for Mandatory reconsideration and if necessary appeal.

Moving from ESA to Universal Credit

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