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Thread: Universal credit and esa

  1. #1

    Universal credit and esa

    Hello, just a quick query. I have had to apply for universal credit as I have moved house to a different local Authority. I am currently on esa contribution based and income related as my partner is on my claim. I am also in the support group. I have been told I will continue to get contribution based esa at £116pw (I was in incapacity benefit before so some transitional top up) does this amount get deducted from the universal credit claim in its entirety? I believe the couple rate for uc is £498.89? So will 4weeks of esa be deducted from this? I’m confused please can someone help me out

  2. #2
    Yes the CB ESA will be deducted from the UC total amount, then the CB ESA and remaining UC will be paid as two separate payments.

  3. #3
    Senior Member nukecad's Avatar
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    You have got it right.

    Only the Income Related part of your ESA gets migrated to Universal Credit. (Along with your Housing Benefit which is why you've had to claim UC).
    That's the addition for a partner and any premiums.
    The CB ESA stays outside of UC.

    You will be paid the single person rate of CB ESA, with no premiums, every fortnight.
    That should be Personal Allowance of £73.10, plus Support Group of £38.55, giving £111.65 a week.
    They will also add the TA that is still due on the CB ESA. Which is where the £116 will come from.
    (Are you aware that that TA will end in April 2020? All IB-ESA TAs will end then. But see the next paragraph).

    Because it is income and not wages those CB ESA payments will be entirely deducted from your UC amount, which will be paid monthly.
    (Which oddly means that when the TA does end next year your ESA will go down, but you UC payment will go up by the same amount because there will be less to deduct from it).

    You can see the current rates for ESA and UC at these links.
    https://www.focusondisability.org.uk...2019-2020.html
    https://www.focusondisability.org.uk...2019-2020.html

    Of course your particular UC will be higher than just the Couples rate of £498.89, it will include a Housing Element (to replace the HB), an LCWRA element (because you are in Support Group CB ESA), and maybe other elements.

    You could put your details as claiming both CB ESA and UC into one of the benefit calculators to find out what you should be getting overall.
    https://www.gov.uk/benefits-calculators
    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.

  4. #4
    Thank you both, this information is very helpful in trying to work out how much if we are likely to get.I Will definitely check the benefits calculator. Does uc also deduct carers allowance? Would we get both the carers element and LCWRA element.
    Many Thanks

  5. #5
    Senior Member nukecad's Avatar
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    Yes, the calculators will take CA into account as a deduction if you tell them about it.
    There is also a Carer Element in UC but I think only one CE can be paid on a couples claim.

    Similarly, although both partners can qualify for LCW/LCWRA, if they both pass Work Capability Assessments, only one LCW/LCWRA element can be paid on a joint UC claim.

    You do raise a few more question though.
    Who is claiming Carers Allowance and for whom?
    Does either (or both) of you get DLA or PIP? If so at what rates?

    I'm trying to see if you may be entitled to the SDP (even though it may not be in payment).
    If so then you should be claiming HB at the new council and not UC, you can't by law claim UC if you are entitled to SDP.

    Again the benefit calculators should (but may not) pick that up if it applies.
    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
    Hi Nukecad, thanks for your reply. My partner currently gets Carers allowance for me as I am on pip daily living standard rate no mobility. Would this mean my pattner would get the Carers element and I would get the LCWRA? Do you know what these amounts are? I put it in the benefits calculator and it says Carers element is £160.20 and the LCWRA is £126.11.
    But I checked the rates elsewhere and it says LCWRA is £336.20 that’s quite a big difference and I would like to know which one is correct. Thanks for checking

  7. #7
    Senior Member nukecad's Avatar
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    £126.11 is the UC-LCW rate, only payable if your initial claim (UC, or ESA if migrating to UC) was made before 4th April 2017.
    £336.20 is the UC-LCWRA rate.

    I need to think about your PIP DL, and check if that means that you have an underlying entitlement to the SDP, even though it is not in payment because your partner is claiming carers.
    If that is the case then you should not be able to claim UC at all, and can make a new claim for HB at the new council.

    There is a bit of confusion at councils (and TBH elsewhere) about whether the SDP needs to be in payment, the legislation that stops those with SDP from claiming UC says:
    entitled to an award of an existing benefit that includes a severe disability premium
    It doesn't say anything about that SDP having to be in actual payment, which is where the confusion is currently coming from.
    It all hinges on the interpretation of that "includes".
    (And I'm aware that the DWP have been being very careful about it, they don't want to be taken to court over this yet again).

    Have you already made a UC claim?
    Last edited by nukecad; 06-25-2019 at 12:18 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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