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Thread: who MUST move to UC?

  1. #1

    who MUST move to UC?

    My MH team have employed a 'benefits specialist'
    and she is telling them that everyone has to move onto UC
    and that there will be no ESA …………………

    is it possible for someone here to outline the MAIN reasons someone HAS to move to UC - (at the moment)
    because I told my MH worker that as far as I was aware - if people are on CB esa they will remain on it
    and that if they have to make a new claim then it will be new esa - which is not UC

    but I want to give her the correct information

    I know moving to a full UC area would require UC for housing
    but what about people on ESA?

    I am very concerned that the staff are being mislead into thinking that people have to now claim UC

    there is a list of 'triggers' on Entitledto - but I think some of them are also misleading

  2. #2
    CB ESA stays outside of UC, but any IR entitlement (top up) will be moved to UC. They will essentially calculate the full IR amount and deduct the CB amount from what they actually pay.

  3. #3
    thank you

    my mh person told me today that my IR top up should be UC and THAT muddled me for a start! - I know it will 'become' UC, but it doesn't need a UC claim at the moment

  4. #4
    I have been ESA Suuport Group CB Based but recently due the to error have now an IR part. Does that mean I will be put into UC? I hope not.

  5. #5
    Senior Member nukecad's Avatar
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    This is how it all works: (Print this off and give it to your MH team and the advisor).

    Universal Credit is replacing six Income Related benefits.
    (Income Based JSA, Income Related ESA, Housing Benefit, Child Tax Credits, & Working Tax Credits).

    What that means for existing ESA claimants:

    • CB ESA stays outside of UC.
    • IR ESA will be migrated to UC.
    • CB ESA that has an IR top-up (that is any premiums, EDP, SDP, Couples premium, Carers premium, etc.) will have the top-up/premiums only migrated to UC.
      In that case the CB ESA part will stay outside of UC and will be paid fortnightly, but those payments will then be deducted from the monthly UC payment.

    NOTE:
    When you do migrate to UC then if you want to you can close the CB part of your ESA claim and claim UC only instead. (As long as you don't have savings above £6K, or a partner working more than 24 hours/week, it won't make a difference to your overall payments).
    For some people this may be easier to manage as you will only be dealing with UC instead of both UC and CB ESA.
    If you do close the CB part of your claim in favour of UC then you can't later change your mind and go back to CB ESA.
    The DWP cannot make close the CB part of your claim. (But they may try to trick you into doing it by not mentioning in migration letters that you have the option to keep it open).

    Who HAS to migrate (now):

    At the moment the only thing that can make you migrate to UC is if you have to make a brand new claim for an Income Related benefit in a Full Service UC area.
    Once you make that brand new UC claim then any existing IR benefits you have will be migrated to UC as well.
    This is called 'Natural Migration'.

    For those already claiming IR ESA there are (only) three things that could cause Natural Migration.
    1. Making a brand new claim for housing costs in a Full Service UC area.
      (ie. moving house, unless you already claim Housing Benefit and the new house is in the same Local Authority area).
    2. Moving in to live with a partner who is already claiming UC.
    3. Having a child and making a brand new claim for child benefit.

    Who will have to migrate (sometime in the future):


    Sometime following July 2019 everyone currently on IR ESA will be migrated to Universal Credit.
    It will take years before everyone is migrated. (They are aiming to have it all done by 2024, dream on, it's going to take longer).
    This is called 'Managed Migration'.

    As it is currently proposed Managed Migration will work like this: (Any or all of this could change).
    You will get a 'notification' six months before you are told to migrate, and further 'notifications' in those six months.
    You will then get a letter saying that you should now migrate and giving you three months to do so. (The 3 months can be extended in some circumstances).
    You then make an application for UC and close your existing IR benefit claims. (And existing CB claims if you want to).
    As currently proposed you will have to claim UC yourself, they won't just transfer you - but that may change.


    You may also want to point your MH team to my full thread on ESA to UC migration.
    It deals mainly with Natural Migration and goes into things with a lot more detail.
    https://www.youreable.com/forums/sho...edit-the-facts
    Last edited by nukecad; 11-12-2018 at 09:06 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.

  6. #6
    Bless you Nukecad
    thank you SO much for all of that
    I will certainly print it out for her
    it is so very very important they have the correct information

    I have seen people saying they cannot make a new claim for ESA and that it has to be UC
    but I thought there was a so called 'NEW ESA'


    re. your post below - I will certainly direct them to that, thank you
    Last edited by walker; 11-12-2018 at 09:01 PM.

  7. #7
    Senior Member nukecad's Avatar
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    I've just added a bit about my 'big' thread on migration.
    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.

  8. #8
    Surprisingly this is the first I've even heard of this nuance of it all...

    So what are their long term plans for CB ESA..? I wouldn't be as foolish to assume it was staying indefinitely. Have they mentioned the proposed life span of it?

  9. #9
    Senior Member nukecad's Avatar
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    Quote Originally Posted by LonelyFatGuy View Post
    So what are their long term plans for CB ESA..? I wouldn't be as foolish to assume it was staying indefinitely. Have they mentioned the proposed life span of it?
    At the moment there are no plans at all to do away with CB ESA or CB JSA.

    They have actually put a lot of effort into drafting new legislation to ensure that these will keep going outside of UC.
    (You'll still be able to claim 'New Style' ESA and 'New Style' JSA which are both CB).

    CB JSA will not be seen as a problem, because it's only paid for 6 months anyway.
    And there would be ructions if they tried to scrap it - "That's our rights, it's what we've been paying our NI for", etc.

    CB ESA can be paid for as long as you are in Support Group, so they might, probably will, want to look at that at some time.
    Maybe put a 6 month limit on that as well? or 12 months like they did with CB WRAG?
    (I have heard rumors of some backroom 'blue sky thinking').

    I don't see them doing much with CB ESA/JSA until the Managed Migration of IR benefits to UC is well underway.

    As for what will happen 5, 10, or 20 years from now - anybody got a TARDIS?

    Remember it's only 10 years since ESA was introduced, and now IR ESA is on the way out.
    You won't be able to make a new claim for IR ESA (or IR JSA) at all after January.
    Last edited by nukecad; 11-13-2018 at 04:01 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.

  10. #10
    Just to make sure I'm understanding one of your other statements correctly; a person in receipt of CB ESA who makes a new (first time) claim for Child Benefit, wouldn't trigger the 'natural migration'? They would be able to continue receiving their CB ESA..?

    Thanks.

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