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Thread: esa to uc

  1. #1

    Question esa to uc

    hi I was on esa in a support group for 6 years but on last assesment and scored 0 points so it stopped so appealed to tribunal and got 15 points and it said in view of degree of disability they recommened not to be re-assessed but while waiting for tribunal dwp recommended to go on uc with sick notes I am on lowest rate so what happens to my support gr oup payments now ? my tribunal was on 31st may.

  2. #2
    Senior Member nukecad's Avatar
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    Did you actually claim UC?

    If so then you can't go back onto ESA but whatever award the tribunal made should now be included in your UC.

    It's not clear from above just what the tribunal awarded?
    15 points would give WRAG, other descriptors (not points) could give Support Group.

    It's also not clear if the DWP have accepted that decision, and if any ESA has been backpaid to you yet?

    If the tribunal awarded WRAG that would now become UC-LCW element. (Which may or may not pay extra money, depending on when you first claimed ESA - In your case it should pay).
    If the tribunal awarded Support Group that would now become UC-LCWRA element. (With extra money).

    You will need to tell UC about the tribunals' award, put a note on the 'Payments' section of your journal. (So that it will be seen by your case manager not just your work coach).
    Don't rely on ESA to tell them, do it yourself.
    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
    It was support group and have paid me £300 back pay and tribunal said because of degree of disability I dont need to be re-assessed thanks for your reply I telephoned uc today and they said I dont need to look for work but no extra pay

  4. #4
    Senior Member nukecad's Avatar
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    Just to be clear here:

    Did the tribunal put you back into Support Group or did the put you in WRAG?

    Because your initial ESA claim was over 6 years ago then there should be extra money to pay with the UC.
    How much will depend on if the tribunal awarded you SG or WRAG.

    It may be just that whoever you spoke to on the phone did not understand the rules properly, they are often poorly trained.
    That's one reason why I said to put it on the 'Payments' section of your journal, that way it would have got to someone who did know the rules.
    I would still do that now anyway.

    You should wait to see what your next UC payment is and if it does not include any extra money then come back here for more advice, or contact a local welfare organisation.
    If you do contact a local organisation be sure to tell them that you had ESA for over 6 years before claiming UC.
    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
    I have just found it was schedule 2 but I was on esa support for at least six years before that

  6. #6
    Senior Member nukecad's Avatar
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    Schedule 2 is the WRAG descriptors, not Support Group. (Support Group is Schedule 3).

    So unless it says something else about Schedule 3, or about Regulation 35, then the tribunal had awarded you WRAG this time.

    That will (should) become Universal Credit Limited Capability for Work element.

    As the person on the phone said that means you don't have to look for work, but does not normally pay extra money.
    However because your ESA claim started before April 2107, and following the tribunal decision was in force up to the day that you claimed UC, then extra money should be paid. (An extra £126.11 a month, backdated to when you first claimed UC).

    For now put that note on your journal then wait to see if extra money is paid with your next UC, if it isn't then come back and we can tell you what you need to do.
    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 for reply I just checked my uc account and no extra money has been paid just the £605 as before what can I do now?

  8. #8
    Senior Member nukecad's Avatar
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    Quote Originally Posted by uber52 View Post
    Thanks for reply I just checked my uc account and no extra money has been paid just the £605 as before what can I do now?
    What does it say on your journal that £605 is for?
    Does it include a Housing element, to help pay your rent?

    As well as the first page saying how much you were due to be paid this month in total then there should also be another page saying how it has been calculated, what elements have been included, and any deductions made.

    I ask because it's round about what UC with LCWRA (but no housing element) would be if you were also paying off a UC advance payment from when you first claimed.
    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. #9
    this includes housing element and I had no advance payment my rent is approx £70

  10. #10
    Senior Member nukecad's Avatar
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    Fine, so that looks as if they have only paid the standard single persons Personal Allowance, and no LImited Capability element.

    You need to challenge that.
    I'm still not sure just which ESA group you were awarded by the tribunal, so will word this as if it could be either.
    (I could be more specific if I knew which one).

    Put a note on your journal - in the 'Payments' section because it's about payments - saying the following:
    (You can number them like this if you wan to).

    1. Advise them of the tribunals ruling about your previous ESA, and give the date of that ruling.
      Then say:
    2. The tribunal ruling means that your ESA award was in force on the date that you claimed Universal Credit, and so your Limited Capability award in ESA should have been transferred to the Universal Credit claim as a LImited Capability award in accordance with Regulation 19 of "The Universal Credit (Transitional Provisions) Regulations 2014".
    3. As your original ESA claim was made before April 2017 then "The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017" do not apply to any payment of Limited Capability element in Universal Credit.
    4. Because of the above you require them to add a Limited Capability element to your UC, and to backpay that element to the start of your UC claim.
    Of course reword it to say 'my' instead of 'your', etc.

    If you are not comfortable about doing that yourself (it does get a bit legal) then please go to a local advice centre and get their help.
    Print this post off and show it to them, so they know what regulations to look at.
    It may be better for you to do that anyway, so that they can see your tribunal decision letter and say for sure which ESA group they awarded, as well as any other paperwork you have to show them.

    For information you can see a transcript of Regulation 19 of the 2014 regulations here with the relevent bits highlighted):
    (If you take my advice and get professional help then you might want to print that off for them as well).
    https://www.youreable.com/forums/sho...l=1#post133915

    I won't give the 2017 regulations, basically they just stopped any payment of ESA WRAG and UC-LCW for claims made after April 2017.
    So that only really applies if the tribunal gave you ESA WRAG.
    Claims originally made before that date still get the payment, (even if transferred from ESA to UC).
    Last edited by nukecad; 07-08-2019 at 12:08 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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