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Changing from ESA IR to UC

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5 years 5 months ago #219301 by BuddhaNature
Replied by BuddhaNature on topic Changing from ESA IR to UC
Hi Gordon,

Thanks very much for your explanations so far. However, I find I'm tripping up on some parts of them, can't fit them into a framework I understand. So would you please answer the following:

When you say, "It's important to understand that when claiming UC you are doing so as a new claim for the benefit, there are no Support Group rights to protect! It is just the award that is transferred."

Are you saying it's just the financial award that is transferred? In effect the (ex)-ESA SG claimant loses all other rights they had under the Support Group status (e.g. rights not to have additional conditionality imposed on them)?

Also with respect to this, people on ESA Support Group are not required to undertake what the Jobcentre refers to as "Work Related Activity". This includes not having to met any conditionality with respect to searching for jobs etc. When the ESA SG claim gets migrated to, in effect, a new claim for UC does this mean that the ex-ESA SG claimant, who didn't have any conditionality imposed on them for job searching etc., is suddenly to have that conditionality imposed on them (thus, losing rights they previously had under ESA SG)? And am I right in thinking that in this respect their Claimant Commitment might have more in it than just agreeing to check their UC journal regularly? I'm having difficulty in understand how it's possible to say the only conditionality should be to "just check your UC journal regularly," but then implying that the (ex-ESA SG) UC claimant might be exposed to having additional conditionality imposed on them given that they are no longer part of a "Support Group".

I'm focusing on this because it is 'conditionality clauses' that are more often than not the vectors that allow Jobcentre staff to impose sanctions on people, and it is frequently the case that sanctions are the killers.

It does though occur to me that at this point in time what you might be saying is the ESA SG will replaced with a new 'class' of UC claims and that what rights the ex-ESA SG claimant does/doesn't have have yet to be decided by the DWP. Is that what you are saying?

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5 years 5 months ago #219310 by Gordon
Replied by Gordon on topic Changing from ESA IR to UC
BN

Forgive me but you are taking 2 and 2 and coming up with 17. To be clear I am not saying or even suggesting any of the things that you have concluded in your post.

So let's start again, first the legal bit.

ESA is controlled by the ESA Regulations, these are defined in the legislation and are a legal definition of how the benefit operates.

In the same way, UC is controlled by the UC Regulations. To a considerable extent the two are the same but where there are differences then they are specific to the benefit. So if there are things that are in ESA and are not in UC then that is just the way it is and conversely, if there are things in UC, such as the Claimant Commitment, that are not in ESA then your having transferred from ESA is not relevant to your having to sign one.

Specifically for the Commitment, each is specific to the individual, so someone who is Fit for Work will have one that requires them to seek work and someone with LCWRA will not be asked work, to seek work, to participate in Work-Related Activities or to attend Work Focusses Interviews, etc.

Gordon

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

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5 years 5 months ago #219329 by BuddhaNature
Replied by BuddhaNature on topic Changing from ESA IR to UC
There is nothing to forgive, Gordon. Thank you for being so patient. :)

I need to think on this for a couple of days and see if I have any remaining questions. Thanks again, much appreciated.

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5 years 5 months ago #219349 by mrs doyle
Replied by mrs doyle on topic Changing from ESA IR to UC
Hi Gordon,I receive "extra money because of the disability income guarantee",so would this be affected by changing to UC ? also can you clarify if there would be a WCA medical if I changed,Many thanks.

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5 years 5 months ago #219352 by Gordon
Replied by Gordon on topic Changing from ESA IR to UC

mrsdoyle wrote: Hi Gordon,I receive "extra money because of the disability income guarantee",so would this be affected by changing to UC ? also can you clarify if there would be a WCA medical if I changed,Many thanks.


I'm sorry that we have hijacked your topic for other comments,

If the DIG is the result of your being in the SG then it won't be paid under UC but the LCWRA rate, the UC equivalent to the SG, is actually slightly higher than the SG rate with the DIG.

If you are receiving the DIG because you are receiving DLA HRC or PIP Enhanced Daily Living, then you will lose the payment.

Gordon

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

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