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Confused with ESA on UC - Please help
- Sam
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1 year 11 months ago #270442 by Sam
Confused with ESA on UC - Please help was created by Sam
Dear all,
I am currently looking for some advice in regards to my UC claim as I am very confused and very worried, I have had no advise or no help at all from the job centre in regards to renewing my claim.
I was awarded ESA limited capability for work for 24 months in April 2018 until April 2020.
I also had a UC claim open at the time however my ESA was awarded for 24 months, so I was awarded ESA in to my UC claim. A message from my work coach in 2019 states this
“You won’t be able to go back to ESA. You will remain on UC but with limited capability for work”
During lockdown my payments continued up until January this year as the job centre now told me that my claim has expired.
I am confused as to what I should have done or what I can do now, should I have reapplied before the claim ended or do I apply for a different benefit now? My condition has become worse and I believe I will qualify for the support group, I have been out of work for over 5 years. I would really appreciate any advice.
Kind regards
Sandra
I am currently looking for some advice in regards to my UC claim as I am very confused and very worried, I have had no advise or no help at all from the job centre in regards to renewing my claim.
I was awarded ESA limited capability for work for 24 months in April 2018 until April 2020.
I also had a UC claim open at the time however my ESA was awarded for 24 months, so I was awarded ESA in to my UC claim. A message from my work coach in 2019 states this
“You won’t be able to go back to ESA. You will remain on UC but with limited capability for work”
During lockdown my payments continued up until January this year as the job centre now told me that my claim has expired.
I am confused as to what I should have done or what I can do now, should I have reapplied before the claim ended or do I apply for a different benefit now? My condition has become worse and I believe I will qualify for the support group, I have been out of work for over 5 years. I would really appreciate any advice.
Kind regards
Sandra
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- peter
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1 year 10 months ago #270497 by peter
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by peter on topic Confused with ESA on UC - Please help
Hi Sam,
Assuming you have no other income then I think you should call and start a new UC claim.
Your original claim was for 2 years but was extended due to COVID. Now that extension has expired you need to start a new claim.
I know it doesn’t help but you should probably have started this new claim back in January as they may not backdate any new claim to January. However you could be entitled to an advance.
I hope this helps and good luck.
Regards
Pete
Assuming you have no other income then I think you should call and start a new UC claim.
Your original claim was for 2 years but was extended due to COVID. Now that extension has expired you need to start a new claim.
I know it doesn’t help but you should probably have started this new claim back in January as they may not backdate any new claim to January. However you could be entitled to an advance.
I hope this helps and good luck.
Regards
Pete
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- Gordon
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1 year 10 months ago #270505 by Gordon
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Replied by Gordon on topic Confused with ESA on UC - Please help
Pete / Sam
I think that there is vital information missing from this question from Sam.
Based on the original post I cannot see any reason why the UC claim would have been closed in January.
ESA is an indefinite award, the 24 months mentioned would be in regard to a reassessment but if it did not occur then the ESA would still be payable, although it would be deducted from any UC payable.
Even if Sam lost his LCW status the UC claim would still continue but he would then be moved to the Work Group.
It won't be possible to backdate a new UC claim to January the legislation will not allow it, whatever the circumstances.
Gordon
I think that there is vital information missing from this question from Sam.
Based on the original post I cannot see any reason why the UC claim would have been closed in January.
ESA is an indefinite award, the 24 months mentioned would be in regard to a reassessment but if it did not occur then the ESA would still be payable, although it would be deducted from any UC payable.
Even if Sam lost his LCW status the UC claim would still continue but he would then be moved to the Work Group.
It won't be possible to backdate a new UC claim to January the legislation will not allow it, whatever the circumstances.
Gordon
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The following user(s) said Thank You: Gary
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- Sam
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1 year 10 months ago #271153 by Sam
Replied by Sam on topic Confused with ESA on UC - Please help
Hi Gordon, sorry for the late reply, I’ve been unwell.
So just to clarify, I was awarded ESA in 2015 by the tribunal for 2 years, I then went through the same process again and once again it was awarded for 2 years by the tribunal, however during this period I was switched over to UC and continued receiving my ESA. The ESA award has now ended and I have to keep providing sick notes. Due to covid they carried on paying me the full ESA up until the review from the back lock during covid.
The job centre advised me that I am now on UC so I cannot get ESA, and I do not qualify for new style ESA as I have been out of work for over 5 years.
How do I get ESA again, or what do I apply for?
“Good afternoon
At the moment you are showing as having Limited Capability for Work as awarded by the Tribunal.
If you have a new condition or if your existing condition has significantly deteriorated then you will need to provide medical evidence and then referred for a new WCA.
With respect to ESA. You won't be able to return to ESA income related but you may wish to check Gov.uk about claiming New style ESA C. “
So do I have to do a new WCA?
So just to clarify, I was awarded ESA in 2015 by the tribunal for 2 years, I then went through the same process again and once again it was awarded for 2 years by the tribunal, however during this period I was switched over to UC and continued receiving my ESA. The ESA award has now ended and I have to keep providing sick notes. Due to covid they carried on paying me the full ESA up until the review from the back lock during covid.
The job centre advised me that I am now on UC so I cannot get ESA, and I do not qualify for new style ESA as I have been out of work for over 5 years.
How do I get ESA again, or what do I apply for?
“Good afternoon
At the moment you are showing as having Limited Capability for Work as awarded by the Tribunal.
If you have a new condition or if your existing condition has significantly deteriorated then you will need to provide medical evidence and then referred for a new WCA.
With respect to ESA. You won't be able to return to ESA income related but you may wish to check Gov.uk about claiming New style ESA C. “
So do I have to do a new WCA?
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- Sam
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1 year 10 months ago #271154 by Sam
Replied by Sam on topic Confused with ESA on UC - Please help
Hi there,
I already have a UC claim open, the ESA element has ran out and this is what they have said;
“Good afternoon
At the moment you are showing as having Limited Capability for Work as awarded by the Tribunal.
If you have a new condition or if your existing condition has significantly deteriorated then you will need to provide medical evidence and then referred for a new WCA.
With respect to ESA. You won't be able to return to ESA income related but you may wish to check Gov.uk about claiming New style ESA”
I already have a UC claim open, the ESA element has ran out and this is what they have said;
“Good afternoon
At the moment you are showing as having Limited Capability for Work as awarded by the Tribunal.
If you have a new condition or if your existing condition has significantly deteriorated then you will need to provide medical evidence and then referred for a new WCA.
With respect to ESA. You won't be able to return to ESA income related but you may wish to check Gov.uk about claiming New style ESA”
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- Gary
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1 year 10 months ago #271294 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Confused with ESA on UC - Please help
Hi Sam
There is not enough information to give you an accurate answer, you need to contact your local Welfare Rights Organisation; you can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk
To apply for LCWRA you will need to give your workcoach a 'fit note' you will then be sent a WCA form to complete called a UC50, which is the same as an ESA50 form.
Gary
There is not enough information to give you an accurate answer, you need to contact your local Welfare Rights Organisation; you can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk
To apply for LCWRA you will need to give your workcoach a 'fit note' you will then be sent a WCA form to complete called a UC50, which is the same as an ESA50 form.
Gary
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