ESA to UC Migration gone wrong

Hi I have been in the assessment period for managed migration from irESA Support Group to UC.

My assessment period has just ended and I found out that I have been switched to New Style ESA and UC instead of a straight migration.

The letter about New Style ESA also says I will have to go for an interview to talk about how my health conditions affect my ability to work.

I'm assuming from the B&W guides and forum that this is an automation mistake, but please could someone confirm to me that this is not a legitimate change under transitional protections, and direct me to what I need to say/do to get it fixed?

I've been paid a ESA payment after my old provision had finished (and it's a different amount) so I assume this is the New Style ESA.

I did add this on to my original thread about my claim for continuity but moderators haven't posted it so I thought maybe it's simpler to start a new topic if it's maybe been stopped because of the size of the thread?

Thanks to anyone who can offer me any direction - I have a letter from DWP about NS ESA and a statement on my UC account about that payment being minus ESA because I am still claiming. I don't know where to start really, and find phone calls deeply stressful.

Hi, this a reply to another post from one of the moderators on here. You might want to put a note on your journal reminding them of Regulation 19.

Hope this helps.


I think what you are looking for is:

Transfer from legacy benefits to UC

If you either are getting employment and support allowance (ESA) and are in the support group or were getting ESA and were in the support group immediately before you claimed UC, the limited capability for work-related activity (LCWRA) element should be included in your UC maximum amount from the start of your UC award, or from the start of the UC assessment period in which your entitlement to the support component began, if that is later. You do not need another work capability assessment to qualify (though the DWP may send you for reassessment). The three-month waiting period for the LCWRA element does not apply in this situation.

If you are getting income-related ESA when you claim UC, this will stop. If you are getting old-style contributory ESA when you claim UC, this will continue as new-style ESA. New-style ESA can be paid at the same time as UC; it is treated as unearned income and is deducted from your UC maximum amount.

Relevant legislation if you were getting old-style employment and support allowance (ESA)
Reg 19(1), (4)(b) and (5)(b) of the Universal Credit (Transitional Provisions) Regulations 2014, which provides that a UC claimant who was entitled to ESA immediately before claiming UC and who had been, in respect of ESA, determined to have LCWRA or is treated as having LCWRA (ie, had been placed in the ESA support group), must be treated as having LCWRA from the outset of their UC award and the LCWRA element must be included in their UC from the outset.

Relevant legislation if you are getting new-style ESA
Regulation 28(5)(b)(i) Universal Credit Regulations 2013, provides that the normal three-month waiting period for the LCWRA element does not apply if you are entitled to new-style ESA which includes a support component.

What to do if these rules aren't followed:
If you are in this situation and the LCWRA element has not been included from the correct date, request a mandatory reconsideration (MR) and if this is unsuccessful, appeal.

Gary