ESA and UC

Hi,

If a person is claiming ESA and Universal Credit(UC) has arrived in the area. Does the person need to do anything?

Not sure if the right platform for this question but I will ask...

As universal Credit is replacing Working Tax Credit does the worker need to meet ESA criteria to get the disabled worker element of UC? If so rather strange!

Thanks

Hi C123,

I don't wish to bore you but here is the current criteria for claimant's that can make a "NEW" claim for UC if they live in a Live UC Area :

"Basic cases (single)

Claimants who meet all the 'gateway' conditions below can make new claims for UC in all areas highlighted on the map. (Local Authority (LA) areas shown in orange will start in spring 2015 - the precise restrictions for claimants in these areas are unconfirmed but are expected to match the gateway conditions for single claimants shown below. The actual Jobcentre Plus boundaries may differ from the LA boundary shown).

The claimant must:-

be single (couples can claim certain areas)

not be responsible for a child or for a young person under 20 who is in non-advanced education or training (claimants with children can claim in certain areas)

be aged between 18 years and 60 years and six months

live at their usual address, in an area where Universal Credit is available

not be homeless, in supported or temporary accommodation, nor a homeowner

be a British citizen with a National Insurance number

be fit for work

not have applied for a fitness for work note

consider themself fit for work

not be pregnant nor have given birth within the last 15 weeks

not be receiving Jobseeker's Allowance(JSA) [*], Employment and Support Allowance (ESA), Income Support (IS), Incapacity Benefit (IB), Severe Disablement Allowance (SDA), Disability Living Allowance (DLA) or Personal Independence Payment (PIP)

not be awaiting a decision on a claim for Jobseeker's Allowance (JSA), Employment and Support Allowance (ESA), Income Support (IS), Housing Benefit (HB), Child Tax Credit (CTC) or Working Tax Credit (WTC)

not be appealing against a decision of non-entitlement to Jobseeker's Allowance (JSA), Employment and Support Allowance (ESA) or Income Support (IS)

not be awaiting the outcome of an application to revise a decision of non-entitlement to Jobseeker's Allowance (JSA), Employment and Support Allowance (ESA), Income Support (IS) or Housing Benefit (HB)

not have any caring responsibilities (such as for a disabled person)

not be self-employed, a company director or part of a limited liability partnership

not be in education or on a training course of any kind

not have a person acting on their behalf over the claim

have at least one suitable account that DWP can pay the money into (including any form of credit union account from 6 April 2015)

not live in the same household as a member of the regular or reserve forces who is away on duty

have lived in the UK for the last two years, and not have been abroad for more than four weeks continuously during that time

not be required to pay child maintenance via the Child Support Agency

not have savings in excess of £6,000

not be an approved foster parent (even if they currently have no foster children)

not be expecting to adopt a child in the next two months

not expect to receive take home pay of more than £330 in the next month (£338 from 6 April 2015)

not expect to receive any earnings from self employment in the next month"



Apparently, they are extending to couples !!

The IT developed to deliver UC, is simply not fit for purpose, hence the very tight limited criteria for claimants who can make a new claim for UC in a Live UC Area.

Claimants, such as those in receipt of IR ESA, DLA, PIP, Disability Premiums,married, with children, etc, etc, etc.

Are classed as "Complex Cases" and IDS has stated that these claimants will be transferred over to UC "Last" whenever that will be.

Only 26,940 people were on the Universal Credit caseload nationally as at 11 December 2014

New DWP statistics also show that, of these, 35 per cent were in employment.

Labour have stated that they may pause and re-evaluate the UC roll out if they gain power.

So, I wouldn't worry, just yet !!

bro58

Thanks.

Rather strange disabled workers having to pass the WCA. Suppose it will save money never mind about folk probably being in a position of it being pointless going to work!

Has UC to adopt a new WCA or are they using exactly the same one as ESA? As I fail to see how somebody working could pass the ESA WCA. Either you can't work due or skimming the water that one day soon you could be working. So fail to see between the lines....

Thanks.

As somebody whom has a very keen interest in law such does not bore me but provides hours of reading! lol. Just these days have to make sure it does not impede my uni work!

Charlie123 wrote: Thanks.

Rather strange disabled workers having to pass the WCA. Suppose it will save money never mind about folk probably being in a position of it being pointless going to work!

Has UC to adopt a new WCA or are they using exactly the same one as ESA? As I fail to see how somebody working could pass the ESA WCA. Either you can't work due or skimming the water that one day soon you could be working. So fail to see between the lines....

Hi C123,

I think that you may have misunderstood !!

I really wouldn't worry about UC in the mid term !!

Yes, the UC equivalents of The ESA WCA are the same, with respect to WRAG and SG qualifying descriptors.

bro58