Migration to Universal Credit?

Options
I am really struggling with all this. I have discovered that my area changed to Universal Credit last month. I can't really understand the Q and A bits on the government website.

Lasr week, I was put into the ESA Support Group, having had my Tribunal. Will the change from assessment rate to Support Group mean that I have to move across?

The Judge at the Tribunal said I should apply for PIP. If I did this, would that mean I bave to move across?

I will be going to the CAB next week and I know they will be able to advise me, but I'm fretting about it now, so if anyone could advise me here I would be grateful.

Thank you.
:snow_grin"Let it snow, let it snow, let it snow........":snow_grin
«13

Comments

  • Ames
    Ames Posts: 18,459 Forumite
    Options
    No, because it's the same continuous ESA claim. You won't be putting in a new claim for a benefit that's now UC, so you stay as you were.
    Unless I say otherwise 'you' means the general you not you specifically.
  • sammyjammy
    sammyjammy Posts: 7,388 Forumite
    Name Dropper First Anniversary Photogenic First Post
    Options
    As stated neither of the things mentioned in your post will result in you having to claim UC, the claim for PIP is outside of the UC remit anyway.
    "You've been reading SOS when it's just your clock reading 5:05 "
  • ceegee
    ceegee Posts: 856 Forumite
    Options
    Thank you both, Ames and sammyjammy, that puts my mind at rest.
    :snow_grin"Let it snow, let it snow, let it snow........":snow_grin
  • Robbie64
    Robbie64 Posts: 1,940 Forumite
    Photogenic Name Dropper First Anniversary First Post
    Options
    Do you live alone? If so, if you do claim PIP and get either of the care amounts then unless someone claims Carers Allowance for looking after you your ESA amount will increase as you will get an additional payment of ESA called the Severe Disability Premium (SDP). That is worth an extra £62.45 per week.

    From mid January 2019 if anyone gets the SDP with their ESA then they are actually going to be protected from having to migrate to UC for the foreseeable future. This is because the Government have finally recognised that many people on UC who were previously on ESA are losing out when they lose the SDP (as there's no equivalent amount in UC). Hence why anyone receiving the SDP from January onwards will remain on ESA even if they move to a full service UC area. This also protects their Housing Benefit and also enables the person to claim other "legacy" benefits if needed such as JSA and Income Support.
  • ceegee
    ceegee Posts: 856 Forumite
    Options
    I live with my daughter, who boomeranged back from university. It's a real squash as we live in a matchbox sized bungalow, 2 bedrooms and one living room. It is all very cramped, but we know we are far from alone in this. I thank goodness that I am mortgage free now, so HB doesn't come into it. I don't need a carer thank goodness and I have just over 3 years until I get my state pension at 66.

    If I apply for PIP and I do get it, it all seems quite a lot of money. I have worked for 46 years, but always in low paid work and have always lived on a shoestring. I don't know if my conscience would allow me to claim PIP. Some people may think I'm being stupid, but I really don't know if I'm going to put in a claim for it or not, even though the Judge told me to do it.........
    :snow_grin"Let it snow, let it snow, let it snow........":snow_grin
  • Robbie64
    Robbie64 Posts: 1,940 Forumite
    Photogenic Name Dropper First Anniversary First Post
    Options
    PIP is there to help meet the additional cost of disability so if your health isn't great you shouldn't feel guilty at applying for it.

    As you don't live alone you won't get that SDP element of ESA if you did apply for PIP and got either care rate for PIP. But you will still be better off if you do get PIP. Living on ESA isn't fun, it's not a massive amount so if you feel you qualify for PIP then you should claim it.
  • System
    System Posts: 178,094 Community Admin
    Photogenic Name Dropper First Post
    Options
    Robbie64 wrote: »
    Do you live alone? If so, if you do claim PIP and get either of the care amounts then unless someone claims Carers Allowance for looking after you your ESA amount will increase as you will get an additional payment of ESA called the Severe Disability Premium (SDP). That is worth an extra £62.45 per week.

    From mid January 2019 if anyone gets the SDP with their ESA then they are actually going to be protected from having to migrate to UC for the foreseeable future. This is because the Government have finally recognised that many people on UC who were previously on ESA are losing out when they lose the SDP (as there's no equivalent amount in UC). Hence why anyone receiving the SDP from January onwards will remain on ESA even if they move to a full service UC area. This also protects their Housing Benefit and also enables the person to claim other "legacy" benefits if needed such as JSA and Income Support.

    when was this known,about the SDP?

    Im so confused with this all

    if im reading right what happens to those that have had to claim UC, through change of circumstance

    many thanks
  • Robbie64
    Robbie64 Posts: 1,940 Forumite
    Photogenic Name Dropper First Anniversary First Post
    Options
    when was this known,about the SDP?

    Im so confused with this all

    if im reading right what happens to those that have had to claim UC, through change of circumstance

    many thanks
    Esther McVey announced back in June 2018 that anyone who has already had to move from a legacy benefit which included a SDP to UC due to natural migration (e.g. moving to a full service UC area and no longer able to claim legacy benefits) will be compensated for the loss of the SDP. The announcement:


    https://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2018-06-07/HCWS745


    specifically paragraph 6:


    In order to support the transition for those individuals who live alone with substantial care needs and receive the Severe Disability Premium, we are changing the system so that these claimants will not be moved to Universal Credit until they qualify for transitional protection. In addition, we will provide both an on-going payment to claimants who have already lost this Premium as a consequence of moving to Universal Credit and an additional payment to cover the period since they moved.


    The regulations that provide for the above are yet to be brought into law but will debated in the House Of Commons in December and the intention that is already written into the draft regulations is that the above changes will come into effect from 19 January 2019.



    A more detailed explanation of all the changes that are to be introduced can be found at https://www.gov.uk/government/publications/draft-universal-credit-managed-migration-regulations-2018-ssac-report-and-government-statement/the-universal-credit-transitional-provisions-managed-migration-amendment-regulations-2018-letter-from-the-secretary-of-state-for-work-and-pension
  • System
    System Posts: 178,094 Community Admin
    Photogenic Name Dropper First Post
    Options
    thanks rob

    i have an interest as im worrying about my ESA medical , it will be in a few weeks and ive convinced myself it will be a disaster

    i have Bipolar amongst other things and have been in the support group for 4yrs

    if i fail the medical im guessing i will have to apply for UC (full service area)and put in a MC,if that fails i would go to tribune

    if i won i cant go back to esa can i?
    will i still lose SDP even if i won ?
    im on pip enhanced care
    i
  • poppy12345
    poppy12345 Posts: 17,950 Forumite
    First Anniversary First Post Name Dropper
    Options
    thanks rob

    i have an interest as im worrying about my ESA medical , it will be in a few weeks and ive convinced myself it will be a disaster

    i have Bipolar amongst other things and have been in the support group for 4yrs

    if i fail the medical im guessing i will have to apply for UC (full service area)and put in a MC,if that fails i would go to tribune

    if i won i cant go back to esa can i?
    will i still lose SDP even if i won ?
    im on pip enhanced care
    i
    If you are found fit for work and claim UC you won't be able to go back onto ESA even if the MR or Tribunal goes in your favour, so yes you'll lose the SDP if you're found fit for work.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards