confused over UC and sick

hey guys
im really confused and need some help
me and my partner are currently on UC
my partner also recieves PIP as he has a condition called ankylosing spondilitus which affects things such as his back and movement, causing alot of pain.
last year we applied for what used to be called ESA has he would struggle to work, he had his assesment almost a year ago and we have been in a battle ever since as they claim he doesnt get enough points to be classed as incapable for work.
i have been doing some reading and i have got really confused.
We started our benefits on universal credit, our area was switched very early on so when wemoved in together that is the only benefit we could apply for.
if he was to be classed as unable to work, would the payments he receives off this be deducted from our universal credit in the same way my carers allowance is deducted?

thanks

Comments

  • Rubyroobs
    Rubyroobs Posts: 861
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    sazrun wrote: »
    hey guys
    im really confused and need some help
    me and my partner are currently on UC
    my partner also recieves PIP as he has a condition called ankylosing spondilitus which affects things such as his back and movement, causing alot of pain.
    last year we applied for what used to be called ESA has he would struggle to work, he had his assesment almost a year ago and we have been in a battle ever since as they claim he doesnt get enough points to be classed as incapable for work.
    i have been doing some reading and i have got really confused.
    We started our benefits on universal credit, our area was switched very early on so when wemoved in together that is the only benefit we could apply for.
    if he was to be classed as unable to work, would the payments he receives off this be deducted from our universal credit in the same way my carers allowance is deducted?

    thanks

    If it was contributions based ESA ( called new style ESA ) then this would be paid separately then deducted from UC in the same way as carers allowance is. However if he was awarded the support group of ESA then he should get the LCWRA element added to your Uc which equates to an extra £336 per month.
  • poppy12345
    poppy12345 Posts: 17,846
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    sazrun wrote: »
    hey guys
    im really confused and need some help
    me and my partner are currently on UC
    my partner also recieves PIP as he has a condition called ankylosing spondilitus which affects things such as his back and movement, causing alot of pain.
    last year we applied for what used to be called ESA has he would struggle to work, he had his assesment almost a year ago and we have been in a battle ever since as they claim he doesnt get enough points to be classed as incapable for work.
    i have been doing some reading and i have got really confused.
    We started our benefits on universal credit, our area was switched very early on so when wemoved in together that is the only benefit we could apply for.
    if he was to be classed as unable to work, would the payments he receives off this be deducted from our universal credit in the same way my carers allowance is deducted?

    thanks
    I'm assuming he sent in fit notes for the UC claim ans started the limited capability for work process off. After he had the work capability assessment he was then found fit for work.

    Did he request the MR then Tribunal if that failed on that decision?


    If he was given LCW then no extra money per month would be received. If he's given LCWRA then he'll receive an extra £336 per month from the 4th month of his claim from when he sent in his first fit note.
  • sazrun
    sazrun Posts: 23
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    Thank you,

    He went for MR and then the tribunal, was told no at both. So we are now looking at any legal loop holes to appeal again.

    I know this is going to be a stupid question but whats the difference between new style esa and LCW?
  • calcotti
    calcotti Posts: 15,696
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    edited 4 November 2019 at 6:42PM
    sazrun wrote: »
    I know this is going to be a stupid question but whats the difference between new style esa and LCW?

    New style ESA is a benefit, like UC.

    If someone claims both ESA and UC the ESA is deducted in full from the UC so there is no financial gain.
    LCW is Limited capability for Work and is one of the three possible outcomes from a Work Capability Assessment (WCA)
    • does not have Limited capability for Work
    • has Limited capability for Work (LCW), or
    • has Limited capability for Work and Work Related Activity (LCWRA)

    If claimant does not have LCW then full work search conditionality applies
    If found to have LCW then work search is not required but there is no extra money
    If found to have LCWRA there is an additional monthly element of £336 paid in the UC after 4 months.

    There is no point in chasing the ESA if getting UC anyway.

    If there has been a deterioration in health a new WCA can be requested under UC.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • sazrun
    sazrun Posts: 23
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    does esa still exsist now?
    also what does "if he was given LCW then no extra money per month would be received. If he's given LCWRA then he'll receive an extra £336 per month from the 4th month of his claim from when he sent in his first fit note." mean
  • calcotti
    calcotti Posts: 15,696
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    edited 4 November 2019 at 6:42PM
    sazrun wrote: »
    does esa still exsist now?
    For new claims it’s called ‘new style’ ESA and is a contributions based benefit only. As rubyroobs has already explained it is paid separately to UC but then deducted in full from UC if both are being claimed.
    sazrun wrote: »
    also what does "if he was given LCW then no extra money per month would be received. If he's given LCWRA then he'll receive an extra £336 per month from the 4th month of his claim from when he sent in his first fit note." mean

    If as a result of the WCA claimant is found to have LCW this does not result in any extra money. If found to have LCWRA then there is an extra £336/month from the fourth month after a Fit Note was prvided.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • tazwhoever
    tazwhoever Posts: 1,326
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    calcotti, I enjoy your answers to the point!

    Also others, too many to mention.

    Thanks
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