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Confused with ESA on UC - Please help
- Gary
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1 year 10 months ago #271296 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
If you have been awarded the LCW you will receive this until you are re-assessed, as Gordon has stated your award is an indefinite award until you re-assessed and found fit for work.
The LCW element is no longer available to new claimants, it was abolished from April 2017.
Gary
If you have been awarded the LCW you will receive this until you are re-assessed, as Gordon has stated your award is an indefinite award until you re-assessed and found fit for work.
The LCW element is no longer available to new claimants, it was abolished from April 2017.
Gary
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- Sam
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1 year 8 months ago #273084 by Sam
Replied by Sam on topic Confused with ESA on UC - Please help
Hi Gordon, hope you are well,
This makes more sense as I did not know ESA was indefinite.
The tribunal awarded this for 24 months, however the job centre or DWP have not asked for a reassessment since it ended, upon asking them, they have just said my claim for ESA was for 24 months. I have been going round in circles with them. Some of them say apply for new style when that’s not possible as I have not worked in over 5 years.
I have received a response from a different agent from the service centre which says: “If the relevant team look into this for you and think you need to be reassessed they will be in contact with you in regards to this information. From your universal credit account I can see that you are still receiving payment for this element.”
However the reason I am confused is I must keep providing sick notes, should I ask them for a reassessment? I’m really stuck here still.
This makes more sense as I did not know ESA was indefinite.
The tribunal awarded this for 24 months, however the job centre or DWP have not asked for a reassessment since it ended, upon asking them, they have just said my claim for ESA was for 24 months. I have been going round in circles with them. Some of them say apply for new style when that’s not possible as I have not worked in over 5 years.
I have received a response from a different agent from the service centre which says: “If the relevant team look into this for you and think you need to be reassessed they will be in contact with you in regards to this information. From your universal credit account I can see that you are still receiving payment for this element.”
However the reason I am confused is I must keep providing sick notes, should I ask them for a reassessment? I’m really stuck here still.
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- Sam
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1 year 8 months ago #273085 by Sam
Replied by Sam on topic Confused with ESA on UC - Please help
Hi Gary, just to clarify I was put in to the WRAG group, so should I ask my work coach for a reassessment?
They have not been helpful at all and I assume hoping I end up not providing a sick note to sanction me, I am already finding it very hard with the price hike in bills,
Please advise me what to do
Thank you
They have not been helpful at all and I assume hoping I end up not providing a sick note to sanction me, I am already finding it very hard with the price hike in bills,
Please advise me what to do
Thank you
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- Gary
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1 year 8 months ago #273086 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
Unfortunately we cannot advise you what to do as we do not have all your circumstances. Your post does not make sense as you talk about WRAG then UC account.
You need to read our guides for work capability assessment, especially page 26, www.benefitsandwork.co.uk/guides-for-claimants/esa, from what you have told us you have not been placed in the support group/LCWRA but placed in the WRAG/LCW group.
in answer to your question, has your health deteriorated, do you have a new condition since you were last assessed?
I would go back to your Welfare Rights Organisation and ask the question, from what they know about you, they should be able to give you sound advice.
Gary
Unfortunately we cannot advise you what to do as we do not have all your circumstances. Your post does not make sense as you talk about WRAG then UC account.
You need to read our guides for work capability assessment, especially page 26, www.benefitsandwork.co.uk/guides-for-claimants/esa, from what you have told us you have not been placed in the support group/LCWRA but placed in the WRAG/LCW group.
in answer to your question, has your health deteriorated, do you have a new condition since you were last assessed?
I would go back to your Welfare Rights Organisation and ask the question, from what they know about you, they should be able to give you sound advice.
Gary
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- Gordon
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1 year 8 months ago #273089 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Confused with ESA on UC - Please help
Sam
You need to concentrate on why your UC claim appears to have been closed, what happened with your ESA claim is no longer relevant.
As you were in the WRAG any Contribution Based ESA would only be payable for 365 days from the date that you made the claim, as you appear to have been paid beyond this limit you must also have been eligible for Income Related ESA.
Having made a claim for UC, any ESA(IR) claim would have been closed and replaced by the UC.
If you have not worked for five years then you cannot make a claim for New Style ESA as you will not be able to meet the Contribution requirements.
There are lots of reasons why a UC claim can be closed, the DWP although most require the claimant to have failed to meet the requirements to continue receiving the benefit.
If your claim has been closed then there must have been a Decision to do this and this has to have been communicated to you in writing, so if the DWP cannot tell you why ask for a copy of the Decision.
Gordon
You need to concentrate on why your UC claim appears to have been closed, what happened with your ESA claim is no longer relevant.
As you were in the WRAG any Contribution Based ESA would only be payable for 365 days from the date that you made the claim, as you appear to have been paid beyond this limit you must also have been eligible for Income Related ESA.
Having made a claim for UC, any ESA(IR) claim would have been closed and replaced by the UC.
If you have not worked for five years then you cannot make a claim for New Style ESA as you will not be able to meet the Contribution requirements.
There are lots of reasons why a UC claim can be closed, the DWP although most require the claimant to have failed to meet the requirements to continue receiving the benefit.
If your claim has been closed then there must have been a Decision to do this and this has to have been communicated to you in writing, so if the DWP cannot tell you why ask for a copy of the Decision.
Gordon
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