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ESA Migration Faling, Now on New Style ESA.
- TBA
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4 days 20 hours ago #307683 by TBA
ESA Migration Faling, Now on New Style ESA. was created by TBA
My migration continues to get worse. After finally getting verified and moving on to UC, I received a phone call on Saturday regarding a phone interview for New Style ESA commitments. They checked with me that I had received a recent payment. Yes, I had, the same day I was UC verified, I had assumed it was the last of my ESA. I think they also tried to phone the previous Saturday.
I asked what it was about and was told it was about my New Style ESA commitments, as I was now on New Style ESA. She had read the bit about section 19 and support group transfers to whatever UC calls it, and said there would be no WCA or fit notes.
The interview is booked for late early next month. I’m unwell and getting worse at the moment and need to see my GP. But the situation with my GP is a disaster, I need to do stuff before to try and right the situation. I can not do anything about the GP until this is sorted. I was hoping to see my GP on 10/7 after online verification, but it failed badly. I am now looking at no GP till 15/8 minimum, and all while the GP situation becomes more complex.
I cannot do interviews, I failed a biographical phone interview they sneaked on me, despite my telling them about my declining mental functions. Also, I have physical failings now.
How can I cope with another interview?
Why on earth am I on new-style ESA? The best I’ve been able to work out is that it's something to do with contribution-based ESA, but I could not have been on contribution-based ESA, as contribution-based things only last for the first year, and I left that year behind a long time ago.
I’ve never even been on contribution-based ESA, as I was first on JSA for over a year before buckling, and having to apply for ESA. I was at first on contribution-based JSA, but after a year, I moved to income-related JSA. I remember it as it meant I could go to the dentist without having to pay.
What on earth is going on? I don’t understand this, please help.
I also thought the new style ESA payment was an old-style ESA payment because they paid it into the bank account I used to get my ESA paid into. However, I’ve asked for my UC to be paid into a different account.
What is going on?
If it is correct that I should be on the new-style ESA, then virtually everyone else should be, if I am. So why do they call it UC migration when it’s really new-style ESA migration?
What is going on?
Support Group – Drooler.
I asked what it was about and was told it was about my New Style ESA commitments, as I was now on New Style ESA. She had read the bit about section 19 and support group transfers to whatever UC calls it, and said there would be no WCA or fit notes.
The interview is booked for late early next month. I’m unwell and getting worse at the moment and need to see my GP. But the situation with my GP is a disaster, I need to do stuff before to try and right the situation. I can not do anything about the GP until this is sorted. I was hoping to see my GP on 10/7 after online verification, but it failed badly. I am now looking at no GP till 15/8 minimum, and all while the GP situation becomes more complex.
I cannot do interviews, I failed a biographical phone interview they sneaked on me, despite my telling them about my declining mental functions. Also, I have physical failings now.
How can I cope with another interview?
Why on earth am I on new-style ESA? The best I’ve been able to work out is that it's something to do with contribution-based ESA, but I could not have been on contribution-based ESA, as contribution-based things only last for the first year, and I left that year behind a long time ago.
I’ve never even been on contribution-based ESA, as I was first on JSA for over a year before buckling, and having to apply for ESA. I was at first on contribution-based JSA, but after a year, I moved to income-related JSA. I remember it as it meant I could go to the dentist without having to pay.
What on earth is going on? I don’t understand this, please help.
I also thought the new style ESA payment was an old-style ESA payment because they paid it into the bank account I used to get my ESA paid into. However, I’ve asked for my UC to be paid into a different account.
What is going on?
If it is correct that I should be on the new-style ESA, then virtually everyone else should be, if I am. So why do they call it UC migration when it’s really new-style ESA migration?
What is going on?
Support Group – Drooler.
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- latetrain
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4 days 1 hour ago #307744 by latetrain
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by latetrain on topic ESA Migration Faling, Now on New Style ESA.
Hi TBA
We have come across quite a few members in the same situation as yourself. When you claimed legacy ESA you were probably in receipt of ESA Support with disability premiums.
CB ESA is contribution based and you can be placed in the support group, if you were, then it is indefinite until you are next reassessed. If you were eligible to claim any disability premiums such as SDP and EDP then they would have been paid via IR ESA, so you could have been paid IR ESA and CB ESA together.
We would advise you to seek help and advice from your local Welfare Rights Organisation: advicelocal.uk. where they can take all your circumstances into consideration.
Gary
We have come across quite a few members in the same situation as yourself. When you claimed legacy ESA you were probably in receipt of ESA Support with disability premiums.
CB ESA is contribution based and you can be placed in the support group, if you were, then it is indefinite until you are next reassessed. If you were eligible to claim any disability premiums such as SDP and EDP then they would have been paid via IR ESA, so you could have been paid IR ESA and CB ESA together.
We would advise you to seek help and advice from your local Welfare Rights Organisation: advicelocal.uk. where they can take all your circumstances into consideration.
Gary
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- TBA
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3 days 8 hours ago #307773 by TBA
Replied by TBA on topic ESA Migration Faling, Now on New Style ESA.
Hi,
Confused.
Your first paragraph is probably correct.
I would just like to clarify that I was on IR JSA when I moved to what I assumed was IR ESA, as I had left the one-year CB period long behind on JSA.
I don’t understand this bit:
“CB ESA is contribution based and you can be placed in the support group, if you were, then it is indefinite until you are next reassessed.”
I don’t know what you're saying. Are you saying that if applicable, ESA starts as CB even though you have burned through all your one year of CB JSA before transferring to ESA? As in, CB year counter is reset when you move to ESA?
Or are you saying if you are in the support group, you have to be on some form of CB ESA that runs longer than the usual year? So, the only way to be in the support group is to be on some form of CB ESA, and it’s not possible to be in the support group and just be IR?
So, you're saying everyone in the support group ends up on new-style ESA and UC?
Thank you for the signposting, but there is nothing of any relevance. However, I did find two solicitors, but my legal issue is almost certainly beyond their expertise, but I will give them a quick tug when the time comes. However, that is of no relevance to my DWP issues.
“all your circumstances into consideration”, what do you need from me?
I don’t think any poxy ‘multidisciplinary’ local organisation is going to be any help.
Also, this is time critical, every day my nightmare situation with my doctor gets worse and probably my health.
You’re it.
Support Group – Drooler with new physical and mental issues.
Confused.
Your first paragraph is probably correct.
I would just like to clarify that I was on IR JSA when I moved to what I assumed was IR ESA, as I had left the one-year CB period long behind on JSA.
I don’t understand this bit:
“CB ESA is contribution based and you can be placed in the support group, if you were, then it is indefinite until you are next reassessed.”
I don’t know what you're saying. Are you saying that if applicable, ESA starts as CB even though you have burned through all your one year of CB JSA before transferring to ESA? As in, CB year counter is reset when you move to ESA?
Or are you saying if you are in the support group, you have to be on some form of CB ESA that runs longer than the usual year? So, the only way to be in the support group is to be on some form of CB ESA, and it’s not possible to be in the support group and just be IR?
So, you're saying everyone in the support group ends up on new-style ESA and UC?
Thank you for the signposting, but there is nothing of any relevance. However, I did find two solicitors, but my legal issue is almost certainly beyond their expertise, but I will give them a quick tug when the time comes. However, that is of no relevance to my DWP issues.
“all your circumstances into consideration”, what do you need from me?
I don’t think any poxy ‘multidisciplinary’ local organisation is going to be any help.
Also, this is time critical, every day my nightmare situation with my doctor gets worse and probably my health.
You’re it.
Support Group – Drooler with new physical and mental issues.
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- Angel
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3 days 5 hours ago #307783 by Angel
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Angel on topic ESA Migration Faling, Now on New Style ESA.
Hello TBA,
Sorry you're having a tricky time with managed migration.
As Gary suggested, many people are having this issue upon migration. ESA entitlement letters are not always clear what type of ESA you were on so it's possible you have been on contribution-based ESA with a top up of income-related ESA throughout your claim but this wasn't explained in your entitlement letters.
Contribution-based ESA was only time-limited to 365 of payment if you were in the work-related activity group. If you were in the support group, it was not time-limited so could continue to be paid as part of your ESA claim, without necessarily you being aware.
This issue is covered on page 52 of the ESA to UC managed migration guide in the members area of this site.
On to what this actually means in practical terms of you and what you can do....
You have been asked to have an interview about New-Style ESA. This would usually be to agree your 'claimant commitment' for that benefit in the same way you have a claimant commitment for UC. If you have LCWRA within your UC (from migrating from the ESA support group) then you can expect your claimant commitment to simply require you to agree that you will report changes in your circumstances. You can ask for the meeting to be over the phone.
The next implication in your situation is that you would continue to receive fortnightly payments of New-Style ESA separately from your UC. New-Style ESA is deducted as unearned income from Universal Credit and therefore you would get fortnightly New-Style ESA with a top up of UC to bring you up to the same sort of income as you had on legacy benefits.
You can view an example of how this operates on page 32 of our managed migration guide (Example 3 - Hassan) but the specific figures may be different in your situation.
Some people in your position elect to close their NS-ESA claim and just receive their money from UC. There are some things you should bear in mind if you are considering this:
1) NS-ESA attracts class 1 national insurance credits, whereas UC only attracts class 3. Class 3 only count towards your state pension, whereas class 1 count towards most contributory benefits.
2) NS-ESA is paid separately, which means if there is a problem with your UC then you would still have NS-ESA as income.
3) NS-ESA is paid fortnightly, UC is paid monthly by default. Some people prefer more regular payments to help with budgeting.
4) NS-ESA is not affected by capital or a change in relationship status. So, for argument's sake, you suddenly won the lottery, this would not impact NS-ESA but it could affect UC.
I would suggest that the best people to advise you in this situation would be Citizens Advice Help to Claim, who have specialist training in UC managed migration and this specific issue. They will be able to calculate your correct UC and discuss the advantages and disadvantages of receiving NS-ESA alongside UC specific to your personal situation. Here is the info about this service from our managed migration guide:
This is the main source of help with UC migration. It is a national telephone helpline and webchat service, funded by the DWP but delivered independently and impartially by Citizens Advice to provide advice on eligibility for UC and support with making a claim. That support can continue up to the date of your first correct payment of UC. This means if there is a problem with your first payment, they can support you with challenging decisions or making complaints. Telephone: 0800 144 8 444 Webchat: www.citizensadvice.org.uk/about-us/conta...ct-us/help-to-claim/ Both services are open Monday-Friday, 8am – 6pm.
As explained above, they can help up to receipt of the first correct payment, which means you can go back for additional support if there are any other issues within your migration.
Hope that helps.
Sorry you're having a tricky time with managed migration.
As Gary suggested, many people are having this issue upon migration. ESA entitlement letters are not always clear what type of ESA you were on so it's possible you have been on contribution-based ESA with a top up of income-related ESA throughout your claim but this wasn't explained in your entitlement letters.
Contribution-based ESA was only time-limited to 365 of payment if you were in the work-related activity group. If you were in the support group, it was not time-limited so could continue to be paid as part of your ESA claim, without necessarily you being aware.
This issue is covered on page 52 of the ESA to UC managed migration guide in the members area of this site.
On to what this actually means in practical terms of you and what you can do....
You have been asked to have an interview about New-Style ESA. This would usually be to agree your 'claimant commitment' for that benefit in the same way you have a claimant commitment for UC. If you have LCWRA within your UC (from migrating from the ESA support group) then you can expect your claimant commitment to simply require you to agree that you will report changes in your circumstances. You can ask for the meeting to be over the phone.
The next implication in your situation is that you would continue to receive fortnightly payments of New-Style ESA separately from your UC. New-Style ESA is deducted as unearned income from Universal Credit and therefore you would get fortnightly New-Style ESA with a top up of UC to bring you up to the same sort of income as you had on legacy benefits.
You can view an example of how this operates on page 32 of our managed migration guide (Example 3 - Hassan) but the specific figures may be different in your situation.
Some people in your position elect to close their NS-ESA claim and just receive their money from UC. There are some things you should bear in mind if you are considering this:
1) NS-ESA attracts class 1 national insurance credits, whereas UC only attracts class 3. Class 3 only count towards your state pension, whereas class 1 count towards most contributory benefits.
2) NS-ESA is paid separately, which means if there is a problem with your UC then you would still have NS-ESA as income.
3) NS-ESA is paid fortnightly, UC is paid monthly by default. Some people prefer more regular payments to help with budgeting.
4) NS-ESA is not affected by capital or a change in relationship status. So, for argument's sake, you suddenly won the lottery, this would not impact NS-ESA but it could affect UC.
I would suggest that the best people to advise you in this situation would be Citizens Advice Help to Claim, who have specialist training in UC managed migration and this specific issue. They will be able to calculate your correct UC and discuss the advantages and disadvantages of receiving NS-ESA alongside UC specific to your personal situation. Here is the info about this service from our managed migration guide:
This is the main source of help with UC migration. It is a national telephone helpline and webchat service, funded by the DWP but delivered independently and impartially by Citizens Advice to provide advice on eligibility for UC and support with making a claim. That support can continue up to the date of your first correct payment of UC. This means if there is a problem with your first payment, they can support you with challenging decisions or making complaints. Telephone: 0800 144 8 444 Webchat: www.citizensadvice.org.uk/about-us/conta...ct-us/help-to-claim/ Both services are open Monday-Friday, 8am – 6pm.
As explained above, they can help up to receipt of the first correct payment, which means you can go back for additional support if there are any other issues within your migration.
Hope that helps.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- TBA
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2 days 7 hours ago #307828 by TBA
Replied by TBA on topic ESA Migration Faling, Now on New Style ESA.
Thank you, great post, not 100% sure of it all, but I think I can gist my way along.
Got my goodbye OS-ESA letter today, it was only IR, but as I now understand it, that does not mean there is no CB-ESA flying around.
“If you were in the support group, it was not time-limited so could continue to be paid as part of your ESA claim, without necessarily you being aware.” OK, what a weird system and sorry, I missed page 52.
What a messed-up system.
The NS-ESA interview is about commitments, and it is conducted by phone at their own initiative. For it, I will simply answer commitment-related questions and ‘no comment’ anything else. I could certainly do without it and the blocking it causing, as I have other pressing matters to attend to, as well as the fear due to crashing and burning my phone biographical interview.
NS-ESA or not to NS-ESA, it looks like the best option is to stick with NS-ESA+UC, I shall try and think more on it.
Webchat: www.citizensadvice.org.uk/about-us/conta...ct-us/help-to-claim/ spot-on, webchat I can just about handle that, if a bit slower than they would expect.
If I could ask three further questions.
Pasported benefits, I.E, Legal Aid, am I still covered by this combination of NS-ESA + UC?
I assume the NS-ESA + UC combination still means I get free prescriptions and dental.
Is there any easy way to get NS-ESA to pay into my UC bank account rather than the one OS-ESA was paid into, without triggering a verification situation? They have just verified my UC bank account and really would prefer not to have another visit from the Goon squad.
Thanks
Support Group.
Got my goodbye OS-ESA letter today, it was only IR, but as I now understand it, that does not mean there is no CB-ESA flying around.
“If you were in the support group, it was not time-limited so could continue to be paid as part of your ESA claim, without necessarily you being aware.” OK, what a weird system and sorry, I missed page 52.
What a messed-up system.
The NS-ESA interview is about commitments, and it is conducted by phone at their own initiative. For it, I will simply answer commitment-related questions and ‘no comment’ anything else. I could certainly do without it and the blocking it causing, as I have other pressing matters to attend to, as well as the fear due to crashing and burning my phone biographical interview.
NS-ESA or not to NS-ESA, it looks like the best option is to stick with NS-ESA+UC, I shall try and think more on it.
Webchat: www.citizensadvice.org.uk/about-us/conta...ct-us/help-to-claim/ spot-on, webchat I can just about handle that, if a bit slower than they would expect.
If I could ask three further questions.
Pasported benefits, I.E, Legal Aid, am I still covered by this combination of NS-ESA + UC?
I assume the NS-ESA + UC combination still means I get free prescriptions and dental.
Is there any easy way to get NS-ESA to pay into my UC bank account rather than the one OS-ESA was paid into, without triggering a verification situation? They have just verified my UC bank account and really would prefer not to have another visit from the Goon squad.
Thanks
Support Group.
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- Angel
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2 days 4 hours ago #307839 by Angel
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Replied by Angel on topic ESA Migration Faling, Now on New Style ESA.
Hi,
You're entitled to free prescriptions on UC if your take home pay is under a certain limit - see www.nhsbsa.nhs.uk/check-if-youre-eligibl...whc-universal-credit (NS-ESA is not take home pay).
The financial criteria for legal aid can be found here www.gov.uk/legal-aid/financial-eligibility
Rather than no comment to your commitments interview, you might be best to just point out you are in the support group, which should do the job.
Best wishes
You're entitled to free prescriptions on UC if your take home pay is under a certain limit - see www.nhsbsa.nhs.uk/check-if-youre-eligibl...whc-universal-credit (NS-ESA is not take home pay).
The financial criteria for legal aid can be found here www.gov.uk/legal-aid/financial-eligibility
Rather than no comment to your commitments interview, you might be best to just point out you are in the support group, which should do the job.
Best wishes
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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