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ESA to UC

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4 years 2 months ago #244201 by Sam51
ESA to UC was created by Sam51
I was getting ESA with a disability income guarantee of £15.90 as I was placed in the support group. In November 2019 my husband told me to stop the claim as he had found employment.
which I did (it was changed from a single claim in 2018 to a joint claim in 2019 when he moved back in).
Besides the ESA, I receive PIP enhanced on both mobility and care.

He got me to write a basic letter to DWP on the 4th November 2019 giving no details of his terms of employment and shortly after that separated from me on 5th December and stopped financially supporting me.
I made many attempts to call DWP over the Christmas period with no success,by the 6th January 2020 when I did managed to get through, and I explained my situation, I was advised that as my ESA claim had been closed more than 30 days I could not restart that and would now have to apply for universal credit.
I suffer from cptsd, acute anxiety and depression and having now fled the home due to my own safety, I am having to go through the rigour of the UC process.

I wanted to find out if I was given the right advice on the 6th January 2020 to have to apply for Universal Credit even if I had a Disability income guarantee element on my previous ESA claim?
Would there be any grounds for me to appeal?
I'm finding it too stressful having to go through the whole process, and would DWP not check that I am already receiving enhanced PIP allowance?

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4 years 2 months ago #244237 by Gordon
Replied by Gordon on topic ESA to UC
Sam

I'm afraid it is the Severe Disability Premium that bars someone from claiming UC, not the Disability Income Guarantee but even if you had been receiving the SD Premium, it has been more than 30 days since your ESA claim was closed so your only choice is to make a new claim for UC.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Sam51

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