- Posts: 32
× Members
Messed up ESA to Uc
- Probation789
- Topic Author
- Offline
Less More
5 years 2 months ago #228147 by Probation789
Messed up ESA to Uc was created by Probation789
Hi Gordon. Please can you help.
My daughter was on cb ESA Support Group, Pip Enhanced for both elements. she had to leave her home because of domestic abuse and was allocated a maisonette on 17.12.2018 in the same area which is a live UC area. on 14/1/2019 She needed to claim hb but was told she had to claim uc. She has been receiving her ESA £110 per week since she made the claim. On 20/3/2019 she received 2 months UC of £142.00 per month. They said she should have claimed before 14/1/2019 but that was the first appt she could get. She was then told that she was overdue for assessment and had to complete ESA50 and attend assessment on 18/2/2019. Do not yet know the outcome. Do you know if she should have been protected and barred from claiming UC and, if so, is there anyway she can regain her legacy benefits and be able to claim HB. Thank you for reading.
She is one of the people who might be owed money (and maybe premiums) after transferring from IB in 2012. Can you
My daughter was on cb ESA Support Group, Pip Enhanced for both elements. she had to leave her home because of domestic abuse and was allocated a maisonette on 17.12.2018 in the same area which is a live UC area. on 14/1/2019 She needed to claim hb but was told she had to claim uc. She has been receiving her ESA £110 per week since she made the claim. On 20/3/2019 she received 2 months UC of £142.00 per month. They said she should have claimed before 14/1/2019 but that was the first appt she could get. She was then told that she was overdue for assessment and had to complete ESA50 and attend assessment on 18/2/2019. Do not yet know the outcome. Do you know if she should have been protected and barred from claiming UC and, if so, is there anyway she can regain her legacy benefits and be able to claim HB. Thank you for reading.
She is one of the people who might be owed money (and maybe premiums) after transferring from IB in 2012. Can you
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51235
5 years 2 months ago #228168 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Messed up ESA to Uc
Wobbly legs
I'm afraid she may be stuck on UC, her claim was two days too early to have been covered by the new rules.
The only way back is dependant on a particular interpretation of the new Regs that bar a claim for UC if the claimant is or would be entitled to the Severe Disability Premium, this would be dependant on no one claiming Carers Allowance against her PIP and for to be living alone or considered to be living alone. She would need to close her UC claim and then ask for the Premium to be paid as part of her ESA(CB), this may require her to complete and ESA3 and an IS10. If she is eligible then she should be able to claim HB as opposed to UC.
She needs to get face to face advice from a trained advisor first because I don't know if there are hidden pitfalls to this.
Gordon
I'm afraid she may be stuck on UC, her claim was two days too early to have been covered by the new rules.
The only way back is dependant on a particular interpretation of the new Regs that bar a claim for UC if the claimant is or would be entitled to the Severe Disability Premium, this would be dependant on no one claiming Carers Allowance against her PIP and for to be living alone or considered to be living alone. She would need to close her UC claim and then ask for the Premium to be paid as part of her ESA(CB), this may require her to complete and ESA3 and an IS10. If she is eligible then she should be able to claim HB as opposed to UC.
She needs to get face to face advice from a trained advisor first because I don't know if there are hidden pitfalls to this.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Probation789
- Topic Author
- Offline
Less More
- Posts: 32
5 years 2 months ago #228175 by Probation789
Replied by Probation789 on topic Messed up ESA to Uc
Thank you so much Gordon. As you suggested, we have a meeting with CAB at the Job Centre on Thursday to see how things lie. I will let you know either way. Gratitude as always for your ongoing help.
Please Log in or Create an account to join the conversation.
- Probation789
- Topic Author
- Offline
Less More
- Posts: 32
5 years 1 month ago #229784 by Probation789
Replied by Probation789 on topic Messed up ESA to Uc
Hi again Gordon.
Not yet heard anything as to whether daughter will receive any back payments from transfer from IS to ESA but she has been re-assessed under UC and is entitled to LCWRA. However the decision letter only informed of this fact and not when she would be re-assessed. Her UC journal however said that she “MAY be contacted again in the future”. Have you any idea what length that might be or is it just what it says and we will have to wait and see.
She might be entitled to some back pay as she is in Support Group and on H/H PIP. She lives with her daughter who is also in ESA Support Group and on H/H pip. Her daughter also receives a premium of about £15 per week, but my daughter does not receive this premium, so maybe that is what they are looking at. The dates are from 2014 to February 2019. Thank you for reading.
Not yet heard anything as to whether daughter will receive any back payments from transfer from IS to ESA but she has been re-assessed under UC and is entitled to LCWRA. However the decision letter only informed of this fact and not when she would be re-assessed. Her UC journal however said that she “MAY be contacted again in the future”. Have you any idea what length that might be or is it just what it says and we will have to wait and see.
She might be entitled to some back pay as she is in Support Group and on H/H PIP. She lives with her daughter who is also in ESA Support Group and on H/H pip. Her daughter also receives a premium of about £15 per week, but my daughter does not receive this premium, so maybe that is what they are looking at. The dates are from 2014 to February 2019. Thank you for reading.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51235
5 years 4 weeks ago #229809 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Messed up ESA to Uc
Wobbly legs
There are no Premiums payable with UC.
Her LCWRA is payable from the first UC payment period three months after she requested that she be assessed for LCW as she appears not to have made a claim for UC until mid January then it may not be until mid May's pay that the LCWRA will be paid.
Gordon
There are no Premiums payable with UC.
Her LCWRA is payable from the first UC payment period three months after she requested that she be assessed for LCW as she appears not to have made a claim for UC until mid January then it may not be until mid May's pay that the LCWRA will be paid.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Probation789
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris