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Thread: So what happens if...

  1. #1

    Question So what happens if...

    1. I'm in the ESA assessment phase - Somewhere between having sent off the ESA50 and having the ATOS assessment ...

    2. I move to a UC area, hundreds of miles away, where I make a new claim for housing and so be forced to claim UC version of ESA too

    Would my ESA claim restart entirely or would they just transfer over the ESA50 and the evidence I've sent in to a UC claim?

    Hope this makes sense!

  2. #2
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    West Cumbria (Lake District)
    Interesting question.

    First I'll point out that Atos have not done ESA Work Capability Assessments for a number of years now. (They still do PIP assessments in some areas).
    All ESA Work Capability Assessments are done by Maximus, using the name 'Centre for Health and Disability Assessments" (CHDA).

    Is your ESA claim Contribution Based (you were working and paying NI contributions before claiming ESA) or Income Related (no NI contributions)?

    If it's Contribution Based ESA then there is no issue, you can still claim CB ESA in a UC full service area so your current ESA claim would just continue as is, and remain seperate from the UC.

    If it's Income Related ESA then it would be migrated to UC once you made the housing claim.

    That's where it gets interesting; because you have not yet been awarded a group element there is no award to be carried over into uC.

    What then happens is that you keep sending fit notes, but you send them to UC instead of ESA.
    You ask them to reduce your UC Claimant Commitment due to the fact that you are waiting for a WCA.

    Once you have the WCA and a decision is made then if you do get an award any Limited Capability element due will be backpaid as ESA up to the date you migrated to UC, and then should be added to your UC and backpaid to the start of that.

    One funny possibility is that if your WCA is taking a long time to come through then the UC system may automatically refer you for another WCA.
    It's just the way the UC system was set up, the UC computer programme was never set up take account of an ongoing WCA for ESA because it wasn't meant to happen very often.
    So it needs human intervention and overriding of the computer to stop it happening.
    (They were supposed to be changing the programme but I don't know if they have or not).
    I have seen some reports of this happening.
    If it does then all you can do is ask them to stop the UC WCA because you are already waiting for one (for ESA).
    You are best asking about this before it does happen.
    Whether they do stop it, or not, seems to depend on which jobcentre you are dealing with and if your work coach/case manager knows how to override the computer.
    Last edited by nukecad; 07-12-2018 at 08:16 PM.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

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