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Change to Income based ESA from Contributions based & in Support Group

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1 month 2 weeks ago #288975 by Labrador
Hello All

I’m on Contribitions Based ESA & in the Support Group since 2021. I never had any assessment & am sure that I will need to be reviewed at some stage. My claim was for CFS/ME, Fibromyalgia, Anxiety & Depression (15 yr duration) & was my first.

My circumstances have changed however.

I am now in need of Income Related ESA & have also changed address to a new local authority.

I will not be claiming Housing Benefit as I own my home (purchased previously).

I have also been diagnosed with stage 3 cancer (May 23).

How do I proceed? I need to inform the DWP of my health & address changes.

I’m unsure how to apply for income related ESA.

Do I ask for this to be added to my existing contribution based claim?
How does my change to a different local authority impact that?

Will I have to make a new claim altogether?

Will I be told to apply for UC instead?

What about managed migration & doing this voluntarily (loss of protections) naturally (?) & or before a date I’ve read (can’t remember what date) in April this year - when amounts are increasing??

Or do I ask for a supersession??!

(Am in the process of applying for PIP which will have my new address & will be to the appropriate LA. Which I know is irrelevant to my ESA claim.)

I was given no date until which my ESA would be reviewed. And in terms of migration I signed something that I believe is a precursor so may now be on New Style ESA / I think!

Any advice gratefully received. Overwhelmed, anxious & confused

Lorraine

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1 month 2 weeks ago - 1 month 2 weeks ago #288995 by Gordon
L

If you are receiving legacy ESA, which I doubt from your claim date, then you need to contact the DWP and ask for an ESA3 form to be sent which will capture the information needed for the IR component to be paid.

If, as I suspect, you are actually receiving New Style ESA, then there is no Income Related component.

You can claim Universal Credit, your existing ESA award will be included in your UC claim but the NS ESA will be deducted.

As to informing the DWP of a Change of Circumstances, you are already receiving the highest rate of ESA and/or UC for disability or illness.

You do need to inform them of the address change.

All that will happen is that you will have to go through a re-assessment process, which at the moment you may wish to avoid, especially if you are also claiming PIP.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 1 month 2 weeks ago by Gordon.

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1 month 1 week ago #289105 by Labrador
Gordon

Thanks for your reply. It’s not ideal to apply for both at the same time. I am about to have major surgery for my cancer & will not necessarily be able to attend any assessments either due to reported protracted recovery period.

I’m concerned I can’t afford not to apply for UC however especially as PIP could take year(s)?

I understand I would be eligible for council tax relief & could apply for social tarifs.

Would you advise to wait until I know the outcome of pip?

Many thanks

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1 month 1 week ago #289108 by Gordon
L

Have you confirmed which version of ESA you are receiving?

To clarify.

As you have an existing award of ESA this will be migrated to any UC claim you might make without reassessment, so I cannot see any reason to tie your claiming UC to a PIP award being made.

Gordon

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

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1 month 1 week ago #289165 by Labrador
Hi

My post code was in a full service area when I claimed esa so I believe it is new style.

Does that mean my existing claim will migrate to a claim for UC without re assessment - or will I have to re-apply per your first reply?

If so will my current payments continue or could they be stopped pending any new claim.

Gratefully
Lorraine

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1 month 1 week ago #289172 by Gordon
L

Your ESA will not be migrated to UC but your award would be without reassessment.

Your ESA will remain in payment but will be deducted £ for £ from your UC.

Gordon

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

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