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DLA to PIP Success - Now for ESA / UC

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5 years 2 months ago #226468 by Pingu
Hello all,

You were kind enough to help me years ago with my DLA appeal (as well as your various guides being invaluable)

I had been receiving DLA since 2002 due to a very rare (unfortunately) condition. When I had to appeal all the way to highest appeal they took 10 mins to make a decision and I had an indefinite award at the levels I was already on but they said of course PIP coming in will stop that.

As a result and despite not working for last 3 years I’ve been living of savings and the DLA. Due to the horror stories of PIP I didn’t want to contact DWP as I was 100% in the change over to PIP I wouldn’t get anything. To my utter amazement the PIP process for me was obviously scary as I was due to lose my only source of income but the assessor couldn’t have been nicer and had read up on condition etc. The upshot is I received an indefinite award (not to be reviewed until 2028 at earliest provided no change in circumstances) with the enhanced rates of both categories so I’d dramatically increased the income from DLA.

Due to dwindling savings I.e none and this very strong PIP award I’m now going through process of claiming UC / ESA - and to be honest I’m finding it how I imagined the PIP assessment to be. I’ve currently had my first payment in the initial 12 week stage. However my work coach didn’t explain ESA to me very well and when I queried a couple of things with her via the journal she said to ring so and so a number. I did and I apparently reached my claims manager who said she’d start ball rolling as far as a medical etc. Another one I thought? But today I’ve receoved a UC50 form asking very similar questions to the PIP forms but potentially even more harsh ‘can you pick up a pound coin? For one.

My questions are, I think I understand things fairly well so what I’m hoping to achieve from this is to be placed in the ‘New Style ESA’ group of Universal Credit which with my high PIP awards will ‘unlock’ certain severely disabled ‘premiums’

Firstly is my understanding of the above correct? It doesn’t seem as clear as it could be.

Secondly, I’m very worried that the structure of the questions in the UC50 form will NOT lead me to the Support Group but make me remain in the seeking work group which with my condition isn’t feasible at present (working a limited period from home potentially could be - I’m delibrately immunospressed so commuting, offices, just mixing in environments where I could pick up minor bugs that transform into more serious things for me not only causes me great pain and suffering but leads me to not be able to hold down a job if I’m off sick all the time) and so I’d be forced to survive on just my PIP income and my parents off contribution (which I don’t want to have to take, as they shouldn’t still be supporting me)

Sorry for the very long winded post and thank you if you’ve made it this far and can offer me some advice I’d really appreciate it

Cheers,

P

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5 years 2 months ago #226472 by Gordon
Replied by Gordon on topic DLA to PIP Success - Now for ESA / UC
Pingu

Congratulations on the PIP award.

Your understanding of UC/ESA is slightly wrong. New Style ESA is a separate benefit from UC, as you do not appear to have worked recently you will not qualify NS ESA.

Under UC you can be treated as Fit for Work, you can have Limited Capability for Work (LCW); which means t=you do not have to work but will have to prepare to return to the workplace, or you can have Limited Capability for Work Related Activity (LCWRA).

I'm afraid there are no Premiums payable with Universal Credit so your payments will not be increased by your PIP award.

You can argue that working, or your performing Work Related Activity would present a Substantial Risk to you or others. The ESA Claim guides explain this in detail and the other criteria that you are being assessed against.

www.benefitsandwork.co.uk/help-for-claimants/esa1

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Pingu

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5 years 2 months ago #226481 by Pingu
Replied by Pingu on topic DLA to PIP Success - Now for ESA / UC
Thanks Gordon, I really appreciate that.

So the ‘premiums’ are only for those on the new style ESA I take it,

Cheers

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5 years 2 months ago #226482 by Pingu
Replied by Pingu on topic DLA to PIP Success - Now for ESA / UC
While my previous post is looked at by the mod team, I’ve gone back to the UC site.

On the assumption I’d end up in correct UC work related group, from this page www.gov.uk/universal-credit/what-youll-get it appears I’d get an additional £328.32 on top of the £317.82.

If this is true it doesn’t quite reach the amounts that the ‘premiums’ due to my PIP awards via ESA these amounts combined with my PIP award is not too far off amount.

Thanks again

P

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5 years 2 months ago #226496 by Gordon
Replied by Gordon on topic DLA to PIP Success - Now for ESA / UC

Pingu wrote: Thanks Gordon, I really appreciate that.

So the ‘premiums’ are only for those on the new style ESA I take it,

Cheers


No, They are no paid with NS ESA either.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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5 years 2 months ago #226498 by Gordon
Replied by Gordon on topic DLA to PIP Success - Now for ESA / UC

Pingu wrote: While my previous post is looked at by the mod team, I’ve gone back to the UC site.

On the assumption I’d end up in correct UC work related group, from this page www.gov.uk/universal-credit/what-youll-get it appears I’d get an additional £328.32 on top of the £317.82.

If this is true it doesn’t quite reach the amounts that the ‘premiums’ due to my PIP awards via ESA these amounts combined with my PIP award is not too far off amount.

Thanks again

P


The LCWRA rate for UC is slightly higher than the equivalent ESA(IR) rate providing the Severe Disability Premium is not payable.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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