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Thread: Move from ESA to UC

  1. #1

    Move from ESA to UC

    Hi, I'm on ESA contributory in the support group.

    I've recently been forced over to Universal Credit. I had to apply for Universal Credit online. There was no option for me to state my specific award within UC. Therefore, I put that I was signed off sick but the problem is that if you tick that option you have to provide a Dr's note.

    After several visits back and forth to the local jobcentre with my paperwork to process my UC claim, the person handling my claim still didn't know how to correctly process it because it still states in my 'to do list' that I'm required to provide a Dr's note, which means that the claim hasn't been processed fully. She even asked me 'What do I do about the Dr's note?'.

    I read somewhere that if I don't provide a Dr's note within a certain amount of time, then my claim will be cancelled.

  2. #2
    Senior Member nukecad's Avatar
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    What caused your migration to UC?
    Was it a house move? or were you found fit for work at a reassessment?

    Which ESA group were you in and did you have the Severe Disability Premium.

    The answers to those can make a BIG difference to what should happen now with UC.

    PS. Have you got a Fit Note (sicknote) from your doctor?
    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.

  3. #3
    Yes, I moved to a different area.

    I thought I stated which ESA group I'm in: ESA contributory, support group. No severe disability premium.

    I don't have a sicknote from the Dr but I can get one. However, I didn't think this 'award' required a sick note from the Dr.

  4. #4
    Senior Member nukecad's Avatar
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    You did say that sorry, but it's the house move and no SDP that's important here.

    In that case Fit Notes are not required and they should pay you the LCWRA element of UC from the start of your UC claim. This is stated in law, see below.

    However there have been difficulties getting the ESA award transfered into the UC award.
    It's all to do with UC having to wait for ESA to send them confirmation of what group you were in before the can add it to your UC file.
    They were supposed to have sorted this out now with managed migrations starting in a couple of months.

    There is supposed to be a new question on the UC application about if you are migrating from ESA, and if so what group you were in.

    It looks as if either it hadn't been added at the time when you made your claim, or maybe you missed it. (I'd guess the first from what you said above).

    So they should automatically give you LCWRA on your UC award and should backpay this to the start of your UC claim.

    (Once they do add it on you'll get about £22 a week (£95 a month) more than you did with ESA).

    Here, from my thread about UC migration, is the law that applies to migrations from ESA to UC and keeping your award.
    It talks mainly about the need for a new assessment, but in your case just read the need to be 'reassessed' as the need to 'supply fit notes' - it's the same thing.
    https://www.youreable.com/forums/sho...l=1#post133915

    Just tell them that you don't have to provide fit notes because of-
    "The Universal Credit (Transitional Provisions) Regulations 2014, Regulation 19"

    PS. I just noticed you said your ESA was Contribution Based.
    Are you still reciving CB ESA every fortnight as well as the UC monthly?
    (Or did you close the ESA claim altogether? Either way is possible and the money stays the same but is paid differently).
    Last edited by nukecad; 03-18-2019 at 04:53 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
    Thanks for the support.

  6. #6
    Hi again, I read your posts above. Apologies for the disorder of my post here but then my claim is in a mess.

    Are you still reciving CB ESA every fortnight as well as the UC monthly?
    (Or did you close the ESA claim altogether? Either way is possible and the money stays the same but is paid differently).
    Currently, my ESA award is still active (without housing) but I recently called UC, who basically said that my old ESA award was now irrelevant because I'd started a new UC claim. Then, I was told, I will receive UC with the housing element but not the LCWRA part, which I'd have to apply for that would require a reassessment and Dr's note. (In other words, AFAICS, my legacy benefit of ESA contributory support + Housing Benefit would be moved over to UC with housing element and LCWRA.)

    I tried to explain that my previous award didn't require a Dr's note every 3 months. She then said that the LCWRA award would be granted subject to reassessment and Dr's note but that after this reassessment I wouldn't need to provide Dr's notes?

    Further to my point in the original first post, I also explained I was concerned my claim would be cancelled because of the need for Dr's notes. For some reason there were 2 entries in the UC 'to do list' asking for fit notes. The agent removed one of them – it now says 'fit note completed' but then when I clicked on the entry details it said 'fit note not accepted' (She didn't mention that during the call!)? The 'to do list' still states a fit note has to be declared?? If my UC award doesn't have an LCWRA element to it, then won't it be treated like the standard UC awards?

    Furthermore, a month ago, I was reassessed for ESA. I've not had a reply from them?

    There is supposed to be a new question on the UC application about if you are migrating from ESA, and if so what group you were in.
    I didn't see any such question – hence the issue with the Dr's note.

    Because of this mess, I've had a shortfall with my housing anyway. I'm due to receive my UC award next week. I'm unsure whether to just wait to receive my first UC payment and then raise the issue of LCWRA or do it ASAP?

    Looks like I'll have to call them and quote what you stated above about transitioning from old style ESA.
    Last edited by breadliner; 03-20-2019 at 05:23 PM.

  7. #7
    Senior Member nukecad's Avatar
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    The person you were talking to has had their basic, very poor, training and is wrong.
    The peope on the phones are especially poorly trained, and just trot out the rules for brand new jobseeker claims.
    Not their fault they are doing what they have been told to do.

    It's a problem because people belive what they say even when it's wrong.

    Yes, tell them about that regulation 19 and insist that at least your Case Worker looks at it.
    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
    Quote Originally Posted by breadliner View Post
    Hi again, I read your posts above. Apologies for the disorder of my post here but then my claim is in a mess.



    Currently, my ESA award is still active (without housing) but I recently called UC, who basically said that my old ESA award was now irrelevant because I'd started a new UC claim. Then, I was told, I will receive UC with the housing element but not the LCWRA part, which I'd have to apply for that would require a reassessment and Dr's note. (In other words, AFAICS, my legacy benefit of ESA contributory support + Housing Benefit would be moved over to UC with housing element and LCWRA.)

    I tried to explain that my previous award didn't require a Dr's note every 3 months. She then said that the LCWRA award would be granted subject to reassessment and Dr's note but that after this reassessment I wouldn't need to provide Dr's notes?

    Further to my point in the original first post, I also explained I was concerned my claim would be cancelled because of the need for Dr's notes. For some reason there were 2 entries in the UC 'to do list' asking for fit notes. The agent removed one of them – it now says 'fit note completed' but then when I clicked on the entry details it said 'fit note not accepted' (She didn't mention that during the call!)? The 'to do list' still states a fit note has to be declared?? If my UC award doesn't have an LCWRA element to it, then won't it be treated like the standard UC awards?

    Furthermore, a month ago, I was reassessed for ESA. I've not had a reply from them?



    I didn't see any such question – hence the issue with the Dr's note.

    Because of this mess, I've had a shortfall with my housing anyway. I'm due to receive my UC award next week. I'm unsure whether to just wait to receive my first UC payment and then raise the issue of LCWRA or do it ASAP?

    Looks like I'll have to call them and quote what you stated above about transitioning from old style ESA.
    hi having moved from ESA/SG to UC/LWCRA 18months ago i can remember the same issues your having , as nuke said this is down to poor trained staff , you say you had a WCA assessnent for ESA but havnt had your result? this could complicate it even more , but if you HAVE NOT been found fit for work , you dont need to produce sick notes , the LWCRA amount is usually added on your 3rd payment of UC {can be sooner} this will include any arrears owed.

  9. #9
    just to add i think ware this fit note crap comes in is JC staff think the LWCRA can be added with a sick note but untill ESA confirm your in SG this will not be added ..
    have you put a question on your journal >to the attention of your CASE MANAGER only< asking if they had requested your SG status from ESA? . also if you could phone ESA and ask them how you would find out about your ESA /WCA assessment? as they have been known to send results to wrong address {previous address} make sure ESA know your new address and ask if it says on there screens about your WCA result..

  10. #10
    Hi again, I spoke to UC and informed them of "The Universal Credit (Transitional Provisions) Regulations 2014" Regulation 19 re: migration of ESA SG to Universal Credit LCW or LCWRA (not sure which would apply to me).

    I had a WCA with ESA last month of which I've heard nothing.

    I was informed by the UC person that I had 'failed' the WCA** although I still haven't been informed of this by the ESA people (more than a month after the assessment!). I've spoken with ESA on several occasions and they didn't inform me of this.

    **According to the UC person, who suddenly had access to my notes, I got 0 points in spite of my supporting paperwork and Dr's letter. It's like nothing that was declared or discussed in the assessment had any relevance.

    As it stands, my ESA award is still valid and I'm due to receive UC, which will be adjusted to reflect the current ongoing ESA award.

    The UC lady advised me, for the time being, to get a sicknote from the Dr. and then a WCA could be arranged for me to apply for UC-LCW or UC-LCWRA. It states in my UC journal that I have to declare a fit note though it doesn't state 'by this date'.

    Needless to say, I'm confused and don't wish to go for another assessment.

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