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Legal minimum period for claimant to deal with migration to UC from ESA?
- Rococo
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3 days 8 hours ago #309846 by Rococo
Legal minimum period for claimant to deal with migration to UC from ESA? was created by Rococo
Hello, I wanted to write this when I got my migration letter but I have been overwhelmed, ill and unsure of the basic UC process. I have now been able to read some more information and it seems clear that the minimum a claimant is allowed to get a application for UC sent to the DWP is 3 months + one day.
The problem is that i have health and learning difficulties that would make even this amount of time difficult to comply with but instead I was sent a letter from the DWP only giving me ( after the two weeks it took to post me from the date of the letter) 6 weeks before 'deadline'
Although it's mentioned in several places I have been unable to find the actual regulation number ( and quote) for this '3 months and 1 day' rule to send to the DWP - I am hoping that you are able to point me to it?
I am also unable to find a email address to get this urgently looked at by the DWP, i cannot use Relay and am partially deaf, a complaint' process on the government website has been found but I worry that a complaint could take weeks to deal with. What I need is the incorrect date being withdrawn and a new one provided - how can i do this?
Thanks
The problem is that i have health and learning difficulties that would make even this amount of time difficult to comply with but instead I was sent a letter from the DWP only giving me ( after the two weeks it took to post me from the date of the letter) 6 weeks before 'deadline'
Although it's mentioned in several places I have been unable to find the actual regulation number ( and quote) for this '3 months and 1 day' rule to send to the DWP - I am hoping that you are able to point me to it?
I am also unable to find a email address to get this urgently looked at by the DWP, i cannot use Relay and am partially deaf, a complaint' process on the government website has been found but I worry that a complaint could take weeks to deal with. What I need is the incorrect date being withdrawn and a new one provided - how can i do this?
Thanks
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- David
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1 day 17 hours ago #309894 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Legal minimum period for claimant to deal with migration to UC from ESA?
Hi Rococo
The DWP have appointed the Citizens Advice Help to Claim service with the role of looking into situations such as yours. I would contact them in the first instance
CITIZENS ADVICE HELP TO CLAIM
If you can't hear or speak on the phone
You can use our text relay or British Sign Language (BSL) video call service to speak with us about your Universal Credit application.
Use our text relay service
You can type what you want to say:
Relay UK (England): 18001 then 0800 144 8 444
Relay UK (Scotland): 18001 then 0800 023 2581
Relay UK (Wales): 18001 then 08000 241 220
You can use Relay UK with an app or a textphone. There’s no extra charge to use it.
Find out how to use Relay UK on the Relay UK website.
Use our British Sign Language (BSL) video call service
You can also make a BSL call using Video Relay Service on your computer, tablet or mobile phone.
Use our BSL service.
Call our Help to Claim phone number
You can contact an adviser through our free Help to Claim phone service. Advisers are available 8am to 6pm, Monday to Friday:
England: 0800 144 8 444
Scotland: 0800 023 2581
Wales: 08000 241 220
Let me know how you get on.
David
The DWP have appointed the Citizens Advice Help to Claim service with the role of looking into situations such as yours. I would contact them in the first instance
CITIZENS ADVICE HELP TO CLAIM
If you can't hear or speak on the phone
You can use our text relay or British Sign Language (BSL) video call service to speak with us about your Universal Credit application.
Use our text relay service
You can type what you want to say:
Relay UK (England): 18001 then 0800 144 8 444
Relay UK (Scotland): 18001 then 0800 023 2581
Relay UK (Wales): 18001 then 08000 241 220
You can use Relay UK with an app or a textphone. There’s no extra charge to use it.
Find out how to use Relay UK on the Relay UK website.
Use our British Sign Language (BSL) video call service
You can also make a BSL call using Video Relay Service on your computer, tablet or mobile phone.
Use our BSL service.
Call our Help to Claim phone number
You can contact an adviser through our free Help to Claim phone service. Advisers are available 8am to 6pm, Monday to Friday:
England: 0800 144 8 444
Scotland: 0800 023 2581
Wales: 08000 241 220
Let me know how you get on.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Rococo
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- Rococo
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1 day 5 hours ago #309945 by Rococo
Replied by Rococo on topic Legal minimum period for claimant to deal with migration to UC from ESA?
Hi David,
I cannot use Relay due to a couple of learning difficulties, Relay also does not provide post discussion transcript which is essential for me, I have tried it. If there is no other way to contact this service I have to contact the DWP, I also really do need the quote of this regulation, can you or anyone here point to the regualtions that show this '3 months plus 1 day, I had assumed the legal types here would have read it? plus I have been trying to find a email contact address for direct contact with UC people at the DWP but cannot find.
Really need; 1. regulation link, it muts be somewhere if i've seen it mentioned in several places? 2. alternatiove contact for CAB ( email) 3. some way to contact UC to get it looked at without being mired in complaint process
Also, trying to check I understand this, this 'extra' month after the deadline to sign up, I am very confused, would i still get all the money i would if i did the applicaiotn before the deadline? I know i would get the 'protected benefits' thing, but would my ESA stop on my dreadline date and then i would not get anything until i was able to get the application in to them in those 4 weeks?
Thanks everyone
I cannot use Relay due to a couple of learning difficulties, Relay also does not provide post discussion transcript which is essential for me, I have tried it. If there is no other way to contact this service I have to contact the DWP, I also really do need the quote of this regulation, can you or anyone here point to the regualtions that show this '3 months plus 1 day, I had assumed the legal types here would have read it? plus I have been trying to find a email contact address for direct contact with UC people at the DWP but cannot find.
Really need; 1. regulation link, it muts be somewhere if i've seen it mentioned in several places? 2. alternatiove contact for CAB ( email) 3. some way to contact UC to get it looked at without being mired in complaint process
Also, trying to check I understand this, this 'extra' month after the deadline to sign up, I am very confused, would i still get all the money i would if i did the applicaiotn before the deadline? I know i would get the 'protected benefits' thing, but would my ESA stop on my dreadline date and then i would not get anything until i was able to get the application in to them in those 4 weeks?
Thanks everyone
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- David
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11 hours 32 minutes ago #309955 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Legal minimum period for claimant to deal with migration to UC from ESA?
Hi Rococo
In your Migration letter you are given a deadline day. On the day prior to this your Legacy Benefits such as Income Based ESA and Housing Benefit will be terminated. However you will still get your 2 weeks Benefits run-on.
There is also a Final Deadline day which is one calendar month after the deadline day given in your Migration letter. The theory behind this is that the date is the last day of your first UC Assessment Period. So as long as you make the new UC claim before this Final Deadline day you will not lose out and your UC will be backdated and you will not lose your Transitional Protection.
Let me know how you get on.
David
In your Migration letter you are given a deadline day. On the day prior to this your Legacy Benefits such as Income Based ESA and Housing Benefit will be terminated. However you will still get your 2 weeks Benefits run-on.
There is also a Final Deadline day which is one calendar month after the deadline day given in your Migration letter. The theory behind this is that the date is the last day of your first UC Assessment Period. So as long as you make the new UC claim before this Final Deadline day you will not lose out and your UC will be backdated and you will not lose your Transitional Protection.
Let me know how you get on.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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