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Universal Credit and changes in ESA Regulations

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11 years 10 months ago - 11 years 10 months ago #108625 by MariW
I am still waiting to be informed that my transfer from SDA (plus IS top-up) to ESA has begun. Yesterday's post by David, referring to his migration from SDA to ESA, was very helpful. At the same time, it terrified me.

When the changes to disability benefits were announced in 2010, I began my preparation straight away by finding out as much as possible from a variety of sources, including your Guides, and writing up answers in the context of the question asked on the ESA50 and at face-to-face WCA interviews. It would be physically impossible for me to complete an ESA50 in the four week allowed or even the six week previously permitted. I have written and read a little every day.

Using successive PDF versions of the ESA, I gradually built up a case for Support Group entry based on:

1. Detailed description of my primary medical, its progressive disabling symptoms that have defied what treatment there is, and the limitations imposed by my symptoms
2. As much medical evidence as I have been able to gather support the above
3. Reference to ESA Regulations 34 (1) and (2) and 35 (2) in my answers to almost all questions applicable to me
4. Test cases at tribunal

I’ve had to dip into my few savings to purchase medical reports and a weak letter of support from my GP, I’m wondering whether I can afford the printer ink for three copies: ATOS, DM, and myself.

I am not the person I was in 2010. My physical condition has progressed, increasing the difficulty of just getting through each. That’s what I have come to expect and accept over a long period. The changes in my mental health are more worrying. The stress of the situation and the physical and mental effort involved in trying to keep up with the legislation involved has taken its toll. What mental health problems I had in 2010 were manageable. Three years on, I’m a mental ruin…and my SDA-ESA transfer hasn’t even started. I cannot concentrate and am finding great difficulty in keeping up with the changes in legislation even with the help of your Guides. Hence my question:

Universal Credit is imminent. I have read/heard that ESA Regulations 35 will become Reg 31. I don’t know whether there is a change to the current ESA Reg 34. How will these changes, almost upon us, affect me?

1. Where is the wording for these new regulations?
2. Will I have to trawl through my answers and additional material changing the wording to fit the new regulations? I would be difficult and maybe impossible to make multiple changes in the four weeks allowed.

I’m at the end of my tether with all this, particularly when I know that even the best outcome is only for three years. The same will be true for the DLA-PIP transfer. I do not have a partner or children. The family member who has been my carer for many years would, I know, be financially better off were I not around. I’m very isolated. I have no real friends- only people who use what information/skills I have. The life I valued, despite so many limitations, is no longer worth anything.
Last edit: 11 years 10 months ago by Gordon.

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11 years 10 months ago #108632 by Gordon
MariW

Ignoring the current problems with Universal Credit, which now seem to be unlikely to be rolled out before 2015, as you are receiving SDA you will be transferred to Contribution Based ESA, which is not affected by Universal Credit.

As to the ESA Regulations, the wording is the same on both the new and the current regulations, it is only the number that has changed, please make sure that you have incorporated the changes from January into your document.

Gordon

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11 years 10 months ago - 11 years 10 months ago #108636 by MariW
Gordon,

· Has ESA Reg 35 been changed to ESA Reg 31?
· Is there a revised numeral for ESA Reg 34?

Is there an online list of ESA Regulations for Support Group access?

Thanks
Last edit: 11 years 10 months ago by Gordon.

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11 years 10 months ago #108639 by Gordon

MariW wrote: Gordon,

· Has ESA Reg 35 been changed to ESA Reg 31?
· Is there a revised numeral for ESA Reg 34?

Is there an online list of ESA Regulations for Support Group access?

Thanks


The situation at the moment is that there are two sets of ESA Regulations, the current set is being used for both ESA(CB) and ESA(IR) claims and refers to Regs, 34 and 35.

The second set applies to ESA(IR) claims made through the Universal Credit, it is not intended that anybody will be assessed through this system before October of this year, and based on information being leaked from the development team, this may not now happen for some time to come. These Regulations refer to 31 instead of 35. I will need to locate a copy to confirm that 34 is 30.

Gordon

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11 years 10 months ago - 11 years 10 months ago #108646 by MariW
Thanks again, Gordon!

I have been thoroughly confused by this article:

blacktrianglecampaign.org/2012/11/16/imp...-note-for-25-and-31/

When changes are made to ESA(IR) I assume the new numerals will be confirmed and highlighted on the forum.

I was uncertain whether I’d be migrated to ESA(CB) or ESA(IR). Thanks for confirming the former. Does this mean (i) that there would be an automatic reassessment before the 365 days run out or (ii) that my income/assets would be checked within the award period?
Last edit: 11 years 10 months ago by Gordon.

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11 years 10 months ago #108658 by Gordon

MariW wrote: Thanks again, Gordon!

I have been thoroughly confused by this article:

blacktrianglecampaign.org/2012/11/16/imp...-note-for-25-and-31/

When changes are made to ESA(IR) I assume the new numerals will be confirmed and highlighted on the forum.

I was uncertain whether I’d be migrated to ESA(CB) or ESA(IR). Thanks for confirming the former. Does this mean (i) that there would be an automatic reassessment before the 365 days run out or (ii) that my income/assets would be checked within the award period?


I should not comment on the Black Triangle site, but I can see why you are confused.

We will keep members informed of any changes, whether they occur in October of later, through the Forum and the Newsletter.

To be clear, the limitation on ESA(CB) payments only applies to claimants in the WRAG, so if you are placed in the Support Group, there will be no time limit.

Whether you are re-assessed before the 365 limit expires will depend on your re-assessment date, some claimants are, some are not.

About 8 weeks before the end of the 365 days, you should receive notification from the DWP that your payments are about to end and to see whether you are also eligible for ESA(IR), however, so far the DWP have been quite hit and miss in doing this so we are recommending that all members keep track of this and contact the DWP if they have not heard anything six weeks before the end of the 365 days. You would need to complete an ESA3 form, or whatever it will be called in the future, which captures your financial information to check eligibility for ESA(IR).

Gordon

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

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