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Thread: Questions about the worst case scenarios. ESA & UC.

  1. #1

    Questions about the worst case scenarios. ESA & UC.

    I’m currently on ESA SG, I get PIP along the EDP and SDP. I understand if I’m moved onto UC for any reason/change of circumstances it will be though “natural migration” and I’d lose the transitional top up only available for “managed migration”.

    I’ve just had my PIP review - paper based with no F2F EDL & SM. Sent in evidence. Will be reviewed again after 2021. The stress of PIP is over for now, but the stress of ESA begins.

    My ESA review is here (ESA50 sent back and waiting) of course I’m worried and scared of being stripped of my ESA, and being moved onto UC to lose more money in the long run. I’m curious to know what would happen in the worst case scenarios.

    1. I’m moving house in a few weeks - locally with the same local council. I already get housing benefit for my current property so all I need to do is inform them when I sign my new agreement. As I understand it, this shouldn’t trigger switch to UC?

    2. If they move me to onto WRAG by my calculations I’d be around £205 worse off a month? I plan to appeal anything less than SG. My claim started in 2015 so I would the WRAG rates be much different? Job centre website - You might get more ESA in the work-related activity group if you applied before 3 April 2017.

    3. If I’m taken off ESA all together and fail the WCA, what would happen then? Would I need to apply for JSA? Would I be moved onto Universal Credit? Do I still get paid basic rates with my SDP while I’m appealing? And if my MR or appeal is successful for SG will I go back to ESA with my EDP and SDP?

    5. If I appeal any decision for less than SG and win, will I get backdated payments of the SG element and EDP for the time I’ve waited and not been payed it?

    Sorry for all the questions guys. I’m anxiety ridden at the moment and don’t know everything about all the benefits.

    Thanks for being such lovely, supportive people.
    Addy

  2. #2
    Quote Originally Posted by Addison75 View Post
    I’m currently on ESA SG, I get PIP along the EDP and SDP. I understand if I’m moved onto UC for any reason/change of circumstances it will be though “natural migration” and I’d lose the transitional top up only available for “managed migration”.

    I’ve just had my PIP review - paper based with no F2F EDL & SM. Sent in evidence. Will be reviewed again after 2021. The stress of PIP is over for now, but the stress of ESA begins.

    My ESA review is here (ESA50 sent back and waiting) of course I’m worried and scared of being stripped of my ESA, and being moved onto UC to lose more money in the long run. I’m curious to know what would happen in the worst case scenarios.

    1. I’m moving house in a few weeks - locally with the same local council. I already get housing benefit for my current property so all I need to do is inform them when I sign my new agreement. As I understand it, this shouldn’t trigger switch to UC?

    2. If they move me to onto WRAG by my calculations I’d be around £205 worse off a month? I plan to appeal anything less than SG. My claim started in 2015 so I would the WRAG rates be much different? Job centre website - You might get more ESA in the work-related activity group if you applied before 3 April 2017.

    3. If I’m taken off ESA all together and fail the WCA, what would happen then? Would I need to apply for JSA? Would I be moved onto Universal Credit? Do I still get paid basic rates with my SDP while I’m appealing? And if my MR or appeal is successful for SG will I go back to ESA with my EDP and SDP?

    5. If I appeal any decision for less than SG and win, will I get backdated payments of the SG element and EDP for the time I’ve waited and not been payed it?

    Sorry for all the questions guys. I’m anxiety ridden at the moment and don’t know everything about all the benefits.

    Thanks for being such lovely, supportive people.
    Addy
    The first thing to do is to check whether you are in a full service Universal Credit area.

    You can check here:

    https://www.citizensadvice.org.uk/be...versal-Credit/

    Once we know whether you are already in a full service area or the date it becomes one then we can give the right information (otherwise it is going to be a very lengthy reply!)

    Don't forget to use the post code of your new address if you are moving within a few weeks.
    I try my best

  3. #3
    Yes I am in a full service area

  4. #4
    Senior Member nukecad's Avatar
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    1- That's correct, as long as its the same Local Authority you can continue on HB.
    You may have trouble getting them to accept that though, and they may try to tell you that you have to claim UC instead.
    Tell them that it is not a new claim but a 'Change of Circumstances' to your existing claim.

    2- If moved to WRAG then you would still be paid the WRAG component (because your claim started before April 2017), and any EDP/SDP that you currently qualify for because of your PIP would also still be payable. (So you should lose the difference between the 2 components, which is £8.60/week).

    3- If you are found FFW in a Full Service UC area then you could not claim IR JSA so would have to claim UC, or you could claim nothing whilst waiting until you can appeal.
    If you don't claim UC then you can go back onto ESA once your appeal is lodged.
    We have one member currently going through this and claiming nothing at the moment, he should be back on ESA soon pending appeal.
    https://www.youreable.com/forums/sho...l=1#post147505

    4- What no number 4?

    5- Yes if you appeal and get SG reinstated it will be backpaid.


    Just to note that if you are Naturally Migrated to UC then you currently lose the EDP and SDP.
    BUT-
    There is legislation about migrations in draft form that is due to come into force this autumn.
    This legislation has provision for giving Transitional Protection to those already Naturally Migrated, and paying them 'compensation' for what they have already lost due to this.
    This is a bit of a discussion/argument about the amounts of TP and compensation that will be paid to those Naturally Migrated, but it is expected that due to a recent legal case they will have to make up, and backpay, the full amounts lost.
    Last edited by nukecad; 09-29-2018 at 04:04 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.

  5. #5
    Quote Originally Posted by Addison75 View Post
    I’m currently on ESA SG, I get PIP along the EDP and SDP. I understand if I’m moved onto UC for any reason/change of circumstances it will be though “natural migration” and I’d lose the transitional top up only available for “managed migration”.

    I’ve just had my PIP review - paper based with no F2F EDL & SM. Sent in evidence. Will be reviewed again after 2021. The stress of PIP is over for now, but the stress of ESA begins.

    My ESA review is here (ESA50 sent back and waiting) of course I’m worried and scared of being stripped of my ESA, and being moved onto UC to lose more money in the long run. I’m curious to know what would happen in the worst case scenarios.

    1. I’m moving house in a few weeks - locally with the same local council. I already get housing benefit for my current property so all I need to do is inform them when I sign my new agreement. As I understand it, this shouldn’t trigger switch to UC? Correct

    2. If they move me to onto WRAG by my calculations I’d be around £205 worse off a month? I plan to appeal anything less than SG. My claim started in 2015 so I would the WRAG rates be much different? Job centre website - You might get more ESA in the work-related activity group if you applied before 3 April 2017. You would lose the Support component and instead get the WRAG component of £28.05 per week. You would continue to get the EDP because you have enhanced daily living of PIP and the SDP (if you continue to meet the criteria). You would not transfer to Universal Credit as you would continue to have an ESA claim.

    3. If I’m taken off ESA all together and fail the WCA, what would happen then? Would I need to apply for JSA? Would I be moved onto Universal Credit? Do I still get paid basic rates with my SDP while I’m appealing? And if my MR or appeal is successful for SG will I go back to ESA with my EDP and SDP? if you are found fit for work you would not be able to claim JSA as you are in a full service area. You would need to claim Universal Credit. However, if you appealed this decision you could hold off going onto Universal Credit by claiming nothing whilst you do a mandatory reconsideration. This should take a few weeks. If the MR does not change the decision and you appeal to a tribunal then you can be reinstated back onto the assessment rate of ESA (£73.10) with your SDP only. If your appeal is successful then it would be backdated with all the components and disability premiums. You would require fit notes from the date of the decision that you were found fit for work. You would need to inform your council about your change of circumstances and claim HB based on a low income. Ditto with council tax reduction.

    5. If I appeal any decision for less than SG and win, will I get backdated payments of the SG element and EDP for the time I’ve waited and not been payed it? Yes

    Sorry for all the questions guys. I’m anxiety ridden at the moment and don’t know everything about all the benefits.

    Thanks for being such lovely, supportive people.
    Addy
    Phew!

    Hope Nukecad will check this and agree or correct me.

    My own view if you are found fit for work is to try and avoid Universal Credit if possible because you would lose your SDP (but may regain this later - legislation not confirmed yet). So if you can get family/friends financial support during the time whilst you are not receiving any ESA/UC then this is the best option.

    And read Nukecad's excellent post about UC here:

    https://www.youreable.com/forums/sho...l=1#post145140
    I try my best

  6. #6
    Senior Member nukecad's Avatar
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    Quote Originally Posted by pmlindyloo View Post
    Hope Nukecad will check this and agree or correct me.
    Already posted and we are saying the same, each with a few extra bits of information.

    Hopefully it won't come to this and Addison will be awarded SG again.
    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.

  7. #7
    Thanks guys, benefits are complicated and trying to make sense of everything.

    So I would still be paid EDP and SDP if I’m found fit for work and while I’m appealing? I will avoid applying for UC until after the appeal if need be. EDP and SDP are paid along with WRAG also?

    Yes nukecad, hopefully SG again but just trying to prepare myself in case.

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