ESA - MR help

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  • poppy12345
    poppy12345 Posts: 17,949 Forumite
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    tazwhoever wrote: »
    Will I automatically move over to IR or will I need to do something?
    This won't be possible if your area is a full Universal Credit area, if it is then you'll have to claim UC and not ESA, unless you have more than 2 children. Check your area here.
    http://ucpostcode.entitledto.co.uk/ucdate
  • tazwhoever
    tazwhoever Posts: 1,326 Forumite
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    edited 18 August 2018 at 7:50PM
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    poppy12345 - just checked, my area is full Universal Credit since May this year.

    So will I have another reassessment UC50 (ESA50)?
  • calcotti
    calcotti Posts: 15,696 Forumite
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    poppy12345 wrote: »
    This won't be possible if your area is a full Universal Credit area, if it is then you'll have to claim UC and not ESA, unless you have more than 2 children. Check your area here.
    http://ucpostcode.entitledto.co.uk/ucdate

    Given that ESA (old style) is one benefit with two parts, contribution based and income based, I think it is possible to be reassessed for an income based award without having to claim UC. You are requesting a review of your existing benefit not making a new claim.

    There is a discussion of this point here https://www.rightsnet.org.uk/forums/viewthread/12952/
    tazwhoever wrote: »
    Will I automatically move over to IR or will I need to do something?

    I think you will have to ask.
    tazwhoever wrote: »
    So will I have another reassessment UC50 (ESA50)?

    If you do have to claim UC your work capability status is supposed to be carried across to UC.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • poppy12345
    poppy12345 Posts: 17,949 Forumite
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    calcotti wrote: »
    Given that ESA (old style) is one benefit with two parts, contribution based and income based, I think it is possible to be reassessed for an income based award without having to claim UC. You are requesting a review of your existing benefit not making a new claim.
    This wouldn't be possible because the OPs area is a full UC area. See this link at the bottom, where it states "other"

    https://www.welfare-benefits-unit.org.uk/wp-content/uploads/2016/03/What-triggers-a-claim-for-Universal-Credit-in-a-full-service-area.pdf
  • poppy12345
    poppy12345 Posts: 17,949 Forumite
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    tazwhoever wrote: »
    poppy12345 - just checked, my area is full Universal Credit since May this year.

    So will I have another reassessment UC50 (ESA50)?
    DWP should honour your LCW (ESA WRAG) but this doesn't always happen. UC is also paid monthly and there's a 6 week wait for your first payment.
  • calcotti
    calcotti Posts: 15,696 Forumite
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    poppy12345 wrote: »
    This wouldn't be possible because the OPs area is a full UC area. See this link at the bottom, where it states "other"

    https://www.welfare-benefits-unit.org.uk/wp-content/uploads/2016/03/What-triggers-a-claim-for-Universal-Credit-in-a-full-service-area.pdf

    I note the list referred to is nearly two years old based on what was understood at the time. The recent court case around IB to ESA transfers hinged on the fact that a claim for ESA was, by law, a claim for both parts. I would recommend, that if he wishes to, the OP tries getting his ESA reviewed first. Having said that he may may be no worse off on UC (provided he negotiates the claim process), could even be better off. OP could use a benefits calculator to test this. https://www.entitledto.co.uk/
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • poppy12345
    poppy12345 Posts: 17,949 Forumite
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    Of course if the MR decision goes in your favour and you're placed back into the Support Group then all this won't apply. 20% of MR decisions change and i do believe we've had at least 2 members here recently that had their ESA decision changed at MR stage, from WRAG back to Support Group. Fingers crossed you'll be in that 20%. Good luck.
  • calcotti
    calcotti Posts: 15,696 Forumite
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    Found this http://www.cpag.org.uk/content/esa-uc. See end of sixth paragraph.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • calcotti
    calcotti Posts: 15,696 Forumite
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    poppy12345 wrote: »
    Of course if the MR decision goes in your favour and you're placed back into the Support Group then all this won't apply. 20% of MR decisions change and i do believe we've had at least 2 members here recently that had their ESA decision changed at MR stage, from WRAG back to Support Group. Fingers crossed you'll be in that 20%. Good luck.

    That would be the best outcome, good luck to the OP.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • tazwhoever
    tazwhoever Posts: 1,326 Forumite
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    poppy12345 wrote: »
    Of course if the MR decision goes in your favour and you're placed back into the Support Group then all this won't apply. 20% of MR decisions change and i do believe we've had at least 2 members here recently that had their ESA decision changed at MR stage, from WRAG back to Support Group. Fingers crossed you'll be in that 20%. Good luck.

    Thanks, I will start MR soon.

    Under UC, it seems like a crime to be ill and disabled!
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