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ESA-UC Migration and LCWRA
- MariW
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1 year 11 months ago #270102 by MariW
ESA-UC Migration and LCWRA was created by MariW
Dear Mods, I think it was last Thursday od Friday that I posted a question headed “LCWRA Regulations for ESA-UC Migration”. It was on topic but has not been answered despite late questions appearing on the forum. Last week’s post read as follows: Some years ago, I was transferred from Severe Disablement Allowance and Income Support to the Support Group of (“old-style”) Employment and Support Allowance (Income-Related). The Guides downloadable from this site and the advice of the modulators were invaluable in delivering a successful result. I was classed as having LCWRA on the grounds of the first, mobility-related question. I clearly met the Descriptor. The person making the paper assessment did not proceed further. Since 2020, I have claimed the Severe Disability Premium. The latest B & W newsletter drew my attention to the migration of “legacy benefit” claimants to Universal Credit beginning on 8 May and ending in 2024. I have been aware of this move but my own progressing disability and the terminal illness of a near relation has kept me out of the loop over the last couple of years, leaving me confused. ESA is the only means-tested benefit I claim. I was transferred from DLA to PIP three years ago and have an on-going award at the Enhanced Rate for both Daily Living and Mobility. The award in “on-going” There is no other claimant of means-tested benefits in the household. How then will the UC migration affect me? Will my application be a full application or only the submission of a UC 50? (I’m assuming this is the form I’ll receive.) The UC 50 appears much the same as the ESA 50… but is it? A short question and a longer query: Are the Descriptors as clearly described on the B & W ESA calculator page the same for UC as for ESA? It appears so from the UC guide but I’m uncertain. When completing my ESA 50 I had made frequent reference to LCWRA criteria under the terms of ESA Reg 34 (1) and (2) and ESA Reg 35 (2). What are the corresponding UC Regulations? I cannot find any numbered regulations in current B & W guides. All I have been able to find online is Schedule 9. 4. that provides that a claimant is to be treated as having limited capability for work-related activity if: “The claimant is suffering from a specific illness, disease or disablement by reason of which there would be a substantial risk to the physical or mental health of any person were the claimant found not to have limited capability for work and work-related activity.” After spending the last three days searching for reliable information I am more confused than ever and scarcely able to think due to stress. The Citizens Advice website states: You'll automatically have LCWRA if you're in the ESA support group. “If you already have LCW or LCWRA for ESA you don't need to fill in another form or have a medical assessment for Universal Credit. You'll still have LCW or LCWRA on Universal Credit as long as there's no break between your ESA claim and your Universal Credit claim. The DWP might still say you need another assessment, but you don't. You can challenge your Universal Credit decision if the DWP say you need another assessment.” Does that mean that migrants from ESA to UC do not have to complete a UC50 as they move over? What if a WCA is due? I note there is no downloadable ESA50 in PDF format on the government website. I’m sorry for such a jumble but I’m so stressed by my relative’s terminal condition and all that goes with it. Thanks, MariW
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- Gary
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1 year 11 months ago #270143 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic ESA-UC Migration and LCWRA
Hi MariW
I have had a look at your previous posts and cannot find your "LCWRA Regulations for ESA-UC Migration" post.
All claimants in receipt of legacy benefits will be invited to claim UC and NS ESA.
NS ESA is a contribution benefit, same as CB ESA.
It is very important that you do not cancel your ESA claim prior to applying for UC even for one day, if you do then you will have to go through the 13 week assessment phase.
Some claimants are being told that if their ESA review assessment is overdue then no equivalent Element can be added into their UC award until that assessment is done - which could be several months: this is incorrect.
I have become aware of a problem affecting some Universal Credit claimants who:
* have moved from Income Related ESA onto Universal Credit, due to a change in their circumstances other than being found fit for work; or
* are receiving Contributory ESA and have needed to claim a top up of Universal Credit.
The issue is that some claimants have found that the UC department are refusing to include the LCW or LCWRA Element from the start of the UC award, on the grounds that the claimant’s review Work Capability Assessment is overdue – and therefore their ‘unfit for work’ status on their ESA is not carried forward to their UC claim.
I believe that this is wrong!
What is important to note is that, once a decision has been made that a claimant is in the WRAG or the Support Group, then, even if the recommended review date comes and goes without the claimant being put through another WCA, the DWP cannot take away that status (ie supersede the decision) simply because someone has not yet been re-assessed!
Regulation 6 (2)(r) of the Social Security and Child Support (Decisions and Appeals)
Regulations 1999 states that an ESA decision may be superseded if a Healthcare Professional has provided the decision maker with medical evidence. In other words, a decision maker cannot remove the WRAG or Support Component unless a further WCA has taken place.
1. Regulation 19 of the UC (Transitional Provisions) Regulations 2014 makes it clear that those who move from ESA onto UC (and who have not been found fit for work), are to have: The LCW Element included in their UC assessment from the start of their UC award if they were in receipt of the Work Related Activity Component in their ESA award, or The LCWRA Element included in their UC assessment from the start of their UC award if they were in receipt of the Support Component in their ESA award. This means that the work capability decision MUST be transferred across from an ESA award to a UC one.
2. Regulation 6(2)(r) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (for IR-ESA) and Reg 26 of the Universal Credit, PIP, JSA and ESA (Decisions and Appeals) Regulations 2013 (for UC and New-Style ESA), both say that decisions on the WRAG/Support group for ESA and on the Limited Capability for Work/Work Related Activity in UC cannot be superseded - ie taken away - without evidence from a Healthcare Professional.
Therefore, even where the WCA review date has passed, the DWP cannot refuse to include a LCW /LCWRA Element in the UC assessment until a review WCA has been completed ie evidence from a Healthcare Professional received.
In addition, it would be unfair and discriminatory to penalise a claimant simply because, due to administrative delays within the DWP / the company contracted to organise and carry out Work Capability Assessments, they have not been reassessed on the planned date.
Gary
I have had a look at your previous posts and cannot find your "LCWRA Regulations for ESA-UC Migration" post.
All claimants in receipt of legacy benefits will be invited to claim UC and NS ESA.
NS ESA is a contribution benefit, same as CB ESA.
It is very important that you do not cancel your ESA claim prior to applying for UC even for one day, if you do then you will have to go through the 13 week assessment phase.
Some claimants are being told that if their ESA review assessment is overdue then no equivalent Element can be added into their UC award until that assessment is done - which could be several months: this is incorrect.
I have become aware of a problem affecting some Universal Credit claimants who:
* have moved from Income Related ESA onto Universal Credit, due to a change in their circumstances other than being found fit for work; or
* are receiving Contributory ESA and have needed to claim a top up of Universal Credit.
The issue is that some claimants have found that the UC department are refusing to include the LCW or LCWRA Element from the start of the UC award, on the grounds that the claimant’s review Work Capability Assessment is overdue – and therefore their ‘unfit for work’ status on their ESA is not carried forward to their UC claim.
I believe that this is wrong!
What is important to note is that, once a decision has been made that a claimant is in the WRAG or the Support Group, then, even if the recommended review date comes and goes without the claimant being put through another WCA, the DWP cannot take away that status (ie supersede the decision) simply because someone has not yet been re-assessed!
Regulation 6 (2)(r) of the Social Security and Child Support (Decisions and Appeals)
Regulations 1999 states that an ESA decision may be superseded if a Healthcare Professional has provided the decision maker with medical evidence. In other words, a decision maker cannot remove the WRAG or Support Component unless a further WCA has taken place.
1. Regulation 19 of the UC (Transitional Provisions) Regulations 2014 makes it clear that those who move from ESA onto UC (and who have not been found fit for work), are to have: The LCW Element included in their UC assessment from the start of their UC award if they were in receipt of the Work Related Activity Component in their ESA award, or The LCWRA Element included in their UC assessment from the start of their UC award if they were in receipt of the Support Component in their ESA award. This means that the work capability decision MUST be transferred across from an ESA award to a UC one.
2. Regulation 6(2)(r) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (for IR-ESA) and Reg 26 of the Universal Credit, PIP, JSA and ESA (Decisions and Appeals) Regulations 2013 (for UC and New-Style ESA), both say that decisions on the WRAG/Support group for ESA and on the Limited Capability for Work/Work Related Activity in UC cannot be superseded - ie taken away - without evidence from a Healthcare Professional.
Therefore, even where the WCA review date has passed, the DWP cannot refuse to include a LCW /LCWRA Element in the UC assessment until a review WCA has been completed ie evidence from a Healthcare Professional received.
In addition, it would be unfair and discriminatory to penalise a claimant simply because, due to administrative delays within the DWP / the company contracted to organise and carry out Work Capability Assessments, they have not been reassessed on the planned date.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- MariW
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1 year 11 months ago #270158 by MariW
Replied by MariW on topic ESA-UC Migration and LCWRA
Dear Gary,
Thank you for tracking down my post of last week and for responding in such detail to my follow-up.
I still have further questions:
1. You warn me again cancelling my ESA claim before applying for UC as part of the 2022-24 managed migration. There is no way I would do this, at least no knowingly. Is this something that a claimant might do in error or be led into by the DWP?
2. It is almost eight years since I completed an ESA50 to commence my move from Severe Disablement Allowance and Income Support to the Support Group of IR Employment and Support Allowance. I have never been sent another ESA50 for reassessment. A contact has been nine years without reassessment. Have you any idea why this might be? Have we in some way been reassessed behind the scenes? It is of concern despite your explanation of the law: Regulation 6 (2)(r) of the Social Security and Child Support (Decisions and Appeals).
3. The DWP have stated that managed migration will run from 9 May 2022 and be completed by December 2024. Moreover, they seem to be still in pilot mode. The history of benefit changes over the last decade suggests this latest schedule is typically over-ambitious. Therefore, would you think it more likely that I shall receive an ESA50 before migration rather than a UC50 afterwards? I have all my information to hand but extreme disability makes it exceptionally difficult to type up and assemble without help that I do not have.
Thank you,
Mari
Thank you for tracking down my post of last week and for responding in such detail to my follow-up.
I still have further questions:
1. You warn me again cancelling my ESA claim before applying for UC as part of the 2022-24 managed migration. There is no way I would do this, at least no knowingly. Is this something that a claimant might do in error or be led into by the DWP?
2. It is almost eight years since I completed an ESA50 to commence my move from Severe Disablement Allowance and Income Support to the Support Group of IR Employment and Support Allowance. I have never been sent another ESA50 for reassessment. A contact has been nine years without reassessment. Have you any idea why this might be? Have we in some way been reassessed behind the scenes? It is of concern despite your explanation of the law: Regulation 6 (2)(r) of the Social Security and Child Support (Decisions and Appeals).
3. The DWP have stated that managed migration will run from 9 May 2022 and be completed by December 2024. Moreover, they seem to be still in pilot mode. The history of benefit changes over the last decade suggests this latest schedule is typically over-ambitious. Therefore, would you think it more likely that I shall receive an ESA50 before migration rather than a UC50 afterwards? I have all my information to hand but extreme disability makes it exceptionally difficult to type up and assemble without help that I do not have.
Thank you,
Mari
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- MrFibro
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1 year 11 months ago #270174 by MrFibro
Replied by MrFibro on topic ESA-UC Migration and LCWRA
Hi gary
how do i save topics to my favourites like the old system did.
thanks in advance.
how do i save topics to my favourites like the old system did.
thanks in advance.
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1 year 11 months ago #270175 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic ESA-UC Migration and LCWRA
Hi MariW
I will try and answer your questions in order.
1) I frequently come across clients who have stopped their ESA claim before applying for UC, I had one this week, when I looked at all the details their ESA claim stopped before they had applied for UC therefore they had to go through the assessment phase. Even though they were awarded the LCWRA, it was not paid until the 14th week of their claim.
2) ESA is an indefinite award with scheduled reassessment based on the Prognosis Date completed by the assessor in their report, so your existing ESA award continues in payment until a new Decision is made. Nine years is a long time, I am not aware of anyone going nine years without being reassessed, there may be members on this forum who have gone longer without being reassessed.
3) The pilot was in Harrogate, DWP managed to move 36 claimants out of 10,000. The DWP has confirmed that the 'managed migration' of legacy benefit claimants to universal credit will begin in Bolton and Medway. Department also issues new guidance that advises those who receive a Migration Notice that 'some of your existing benefits will be ending' and that 'to continue receiving financial support you must claim universal credit'
In addition, the DWP has issued new guidance today, advising claimants that -
'If you have received a letter (called a Migration Notice) from the Department for Work and Pensions, then some of your existing benefits will be ending soon ...
To continue receiving financial support you must claim Universal Credit.'
The new guidance goes on to covers issues that include -
the need to act in claiming universal credit within 3 months 'from the date the letter was sent out;
the possibility of the 3 months being extended 'if you have good reason';
claiming by phone through the Universal Credit Migration Notice helpline if you're not able to claim online;
rules governing the final payments of existing benefits and tax credits; and
the availability of transitional protection 'if you have received a Migration Notice letter and claim by the deadline date on your letter'.
I have written today to the DWP to see if CB ESA claimants will automatically be moved over to NS ESA as this question has been raised on a number of occasions on the forum
Gary
I will try and answer your questions in order.
1) I frequently come across clients who have stopped their ESA claim before applying for UC, I had one this week, when I looked at all the details their ESA claim stopped before they had applied for UC therefore they had to go through the assessment phase. Even though they were awarded the LCWRA, it was not paid until the 14th week of their claim.
2) ESA is an indefinite award with scheduled reassessment based on the Prognosis Date completed by the assessor in their report, so your existing ESA award continues in payment until a new Decision is made. Nine years is a long time, I am not aware of anyone going nine years without being reassessed, there may be members on this forum who have gone longer without being reassessed.
3) The pilot was in Harrogate, DWP managed to move 36 claimants out of 10,000. The DWP has confirmed that the 'managed migration' of legacy benefit claimants to universal credit will begin in Bolton and Medway. Department also issues new guidance that advises those who receive a Migration Notice that 'some of your existing benefits will be ending' and that 'to continue receiving financial support you must claim universal credit'
In addition, the DWP has issued new guidance today, advising claimants that -
'If you have received a letter (called a Migration Notice) from the Department for Work and Pensions, then some of your existing benefits will be ending soon ...
To continue receiving financial support you must claim Universal Credit.'
The new guidance goes on to covers issues that include -
the need to act in claiming universal credit within 3 months 'from the date the letter was sent out;
the possibility of the 3 months being extended 'if you have good reason';
claiming by phone through the Universal Credit Migration Notice helpline if you're not able to claim online;
rules governing the final payments of existing benefits and tax credits; and
the availability of transitional protection 'if you have received a Migration Notice letter and claim by the deadline date on your letter'.
I have written today to the DWP to see if CB ESA claimants will automatically be moved over to NS ESA as this question has been raised on a number of occasions on the forum
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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1 year 11 months ago #270176 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic ESA-UC Migration and LCWRA
Hi MrFibro
If you click on Action a dropdown box will come up, then click on Favorite (it is an American spelling)
Gary
If you click on Action a dropdown box will come up, then click on Favorite (it is an American spelling)
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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