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Thread: esa to uc

  1. #11
    Thanks for the advice I will try that now

  2. #12
    I have had a reply from uc today after posting what you told me and they said as from April 2017 they dont pay lcw only lcwra is this right?

  3. #13
    Senior Member nukecad's Avatar
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    That does not apply in your case.

    I'm guessing that was from your Work Coach.
    They know the general rules but are usually clueless whem it comes to exceptions.

    Did you put all of the ponts I wrote above.
    Point 3 was to specifically cover that April 2017 situation.

    You need to reply pointing out that as your original ESA claim was made in {year you first claimed ESA} then the 2017 regulations do not apply to your claim and the LCW element is still payable.
    (You could also point out that they still publish the LCW rate, they wouldn't do that if it was never payable).
    Say that you want a DECISION MAKER to look at it and put your payments right.

    You are not the first to have this problem and won't be the last.
    Bear with us/me and we'll get it sorted out, it just takes time because the UC work coaches don't understand Limited Capability yet.
    Poor training and lack of experience.
    I'm anticipating maybe a few more bumps yet if it follows the usual course, but we will get there.
    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. #14
    Senior Member nukecad's Avatar
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    BTW, The fact that they are talking about the 2017 legislation change tells me that the tribunal did indeed give you ESA WRAG and not Support Group.

    Because you had claimed UC that has now become Universal Credit Limited Capability for Work.
    It should still pay extra money in your circumstances.

    They are admitting that you have UC-LCW which is one battle, now we just have to get them to accept that they should be paying it.
    One step at a time, and teach the work coaches what their poor training didn't.
    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. #15
    Thanks for your reply I did put everything down as you wrote they asked me to telephone I did and the person seemed to agree but he said he was not sure of amount of backpay but then replied what I said above

  6. #16
    Senior Member nukecad's Avatar
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    Sounds as if you spoke to someone who realised they were wrong, but was trying to hedge their bets.

    Talking about not knowing how much backpay then saying "they" weren't sure if there should be any because of 2017.

    It's probable that you will have taught them something that their very basic training didn't cover.

    It will be interesting to see what happens next.
    At least with UC it's a month between payments, so time for them to realise that they are wrong 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. #17
    thanks again what should I do now just wait?

  8. #18
    Senior Member nukecad's Avatar
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    I think that you should do as I suggested above:

    You need to reply on the 'Payments' section of your journal pointing out that as your original ESA claim was made in {year you first claimed ESA} and naturally migrated to UC on {date you claimed UC} then the 2017 regulations do not apply to your claim and the LCW element is still payable.
    (You could also point out that they still publish the LCW rate, they wouldn't do that if it was never payable).
    Say that you want a DECISION MAKER to look at it and put your payments right.

    Not to put you off but what I expect may happen next (we have seen it before) is:
    1. They'll refuse to pay LCW element again, quoting April 2017 again.
    2. You then ask for a Mandatory Reconsideration of that refusal.
    3. They will say that no decision has been made so there is nothing to consider. (Which is nonsense of course, they have mad a decision not to pay you LCW).
    4. Because they are refusing to do an MR you can then lodge an appeal with the tribunal court.
    5. Once you do they will finally take a proper look at it and cave in before it gets to appeal.


    You shouldn't really have to do all that, but until they start to get things right with UC you have to led them by the hand step-by-step.

    You could probably shortcut 1 and 2 by asking for an MR now.
    When you ask for a Decision Maker to look at it use the wording "I would like a Decision Maker to carry out a Mandatory Reconsideration of your decision not to pay LCW element".
    (They will still probably say there is nothing to reconsider).
    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.

  9. #19
    Thanks they have just informed me it has gone to a decision maker when I get a reply I will let you know and can take it from there .Again thanks for your help

  10. #20
    Good news they have awarded me the extra element and back pay for 5 months thanks again for all your help and I will carry on following the forum maybe I can help some day

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