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ESA Re-assessment

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1 year 11 months ago #269995 by synapse321
Replied by synapse321 on topic ESA Re-assessment
Are they correct in saying the change to UC includes ESA Conts?

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1 year 11 months ago #270140 by Gary
Replied by Gary on topic ESA Re-assessment
Hi synapse321

Yes they are correct .... all legacy benefit claimants will have to apply for UC.

DWP confirms rollout of ‘managed migration’ of legacy benefit claimants to universal credit to begin in Bolton and Medway.

The need to act in claiming universal credit within 3 months 'from the date the letter was sent out'

Gary

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

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1 year 11 months ago #270335 by synapse321
Replied by synapse321 on topic ESA Re-assessment
Re legacy benefits affected

This is an exert from the ESA guidelines from this website:

Which benefits are affected?
The following benefits, also known as legacy benefits, will eventually be replaced by UC:
• Income Support (IS)
• Income-based Jobseeker’s Allowance (ibJSA)
• Income-related Employment and Support Allowance (irESA)
• Housing Benefit (HB)
• Child Tax Credit (CTC)
• Working Tax Credit (WTC)

It does not mention ESA Conts. I feel due to my severe mental illness that I am going round in circles and not getting a straight answer from this forum. If I could make a compliant I would to get a straight answer.

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1 year 11 months ago #270346 by Gary
Replied by Gary on topic ESA Re-assessment
Hi synapse321

All the benefits you have mentioned are legacy means tested benefits whereas CB ESA is a contribution based legacy benefit which has now been replaced by NS ESA. New Style ESA is a contribution based benefit, the rules are the same as CB ESA.

Gary

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

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1 year 11 months ago #270348 by Gordon
Replied by Gordon on topic ESA Re-assessment
synapse321

Legacy ESA is a single benefit with two qualifying criteria, one based on the claimant's NI Contribution history and the other based on their financial situation.

Claimants can be entitled to

- only ESA(CB) because they met the NIC requirements but are not entitled to ESA(IR) because their household earns too much or has too much in savings, or

- only ESA(IR) because they did not meet the NIC requirement, or

- both ESA(IR) and ESA(CB)

Claimants receiving ESA(IR) will at some time be invited to claim Universal Credit, at this time their ESA(CB) will be converted to New Style ESA.

Claimants receiving only ESA(CB) will not be invited to claim UC and at this time it appears they will also not be converted to NS ESA, however, this may change.

My understanding is, If at some point a claimant receiving only ESA(CB) becomes entitled to receive ESA(IR) then this should still only be an amendment to their existing ESA claim, however, the DWP may use this as an opportunity to invite them to claim UC.

Gordon

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

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1 year 10 months ago #270523 by synapse321
Replied by synapse321 on topic ESA Re-assessment
Hi

When it comes to asking them about when they are going to send the ESA50 form who do I contact - DWP, Maximus or ATOS to see when they are going to send it?

I am worried that I have heard sometimes they don't send out the ESA50 and close the claim for non receipt of documents?

Thanks

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