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UC and newstyle ESA
- David
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7 years 1 month ago #209596 by David
UC and newstyle ESA was created by David
Hi Gordon
I am trying to get my head around how UC and new style ESA interact
Many people are saying that once on UC you cannot then claim ESA
As I look at it, and I am probably wrong
UC is for people that are able to work or look for work ie. WRAG
or do not have the NI credits to qualify for a CB award
New style ESA is for people that are unable to work due to illness or disability ie. LCWRA
And have NI credits to qualify for CB
1) So, if a claimant on UC has enough NI credits and becomes unable to work and assessed as LCWRA do they then still claim UC or transfer to new style ESA with UC if appropriate ?
2) A claimant is on ESA only and the area becomes full service UC, does the claim become new style ESA and not UC ?
3) A Claimant on ESA in a full service area has to appeal to tribunal. While waiting do they have to claim UC or something else ? If they do claim UC and subsequently win the appeal, Do they stay on UC or is the CB claim continuous and new style ESA the right benefit to claim ?
I hope that makes sense or am I confusing myself ?
Thanks
D
I am trying to get my head around how UC and new style ESA interact
Many people are saying that once on UC you cannot then claim ESA
As I look at it, and I am probably wrong
UC is for people that are able to work or look for work ie. WRAG
or do not have the NI credits to qualify for a CB award
New style ESA is for people that are unable to work due to illness or disability ie. LCWRA
And have NI credits to qualify for CB
1) So, if a claimant on UC has enough NI credits and becomes unable to work and assessed as LCWRA do they then still claim UC or transfer to new style ESA with UC if appropriate ?
2) A claimant is on ESA only and the area becomes full service UC, does the claim become new style ESA and not UC ?
3) A Claimant on ESA in a full service area has to appeal to tribunal. While waiting do they have to claim UC or something else ? If they do claim UC and subsequently win the appeal, Do they stay on UC or is the CB claim continuous and new style ESA the right benefit to claim ?
I hope that makes sense or am I confusing myself ?
Thanks
D
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7 years 1 month ago #209643 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic UC and newstyle ESA
David
I think one of your problems is that your starting description is not entirely accurate.
UC replaces six major Income Related benefits such as ESA(IR), JSA(IR), Income Support, Housing Benefit, Working Tax Credits and Child Tax Credits.
Claimants who are to ill to work due to sickness or disability can be assessed for Limited Capability for Work (old WRAG) and Limited Capability for Work Related Activity (old Support Group).
To answer your questions
1. So if a claimant is already claiming UC and then falls ill and is able to meet the two Contribution Conditions then in principle they can claim New Style ESA, however they would not be any better off by doing so as their ESA will be deducted £ for £ from their UC.
2. Nothing happens unless they need to make a claim for UC for other reasons, for example a new claim for Housing Benefit. At some time in the future, possibly late 2019 but I'm not holding my breath there will be a managed transfer of ESA claimants to UC and I believe New Style ESA, although whether the latter is not entirely clear, there are good reasons (from the DWP point of view for doing this) but it will mean more work.
3. A lot of people misunderstand this, there is no requirement for anything to be claimed in this situation, although I realise that this may not be a practical solution for many.
If a claim for UC is made and goes into payment, then the claimant cannot then reinstate their ESA(IR) if they then go onto appeal, I believe they could reinstate their ESA(CB) but see (1). Note I am very careful in using the word reinstate rather than reclaim as the latter implies making a claim which is not required.
Gordon
I think one of your problems is that your starting description is not entirely accurate.
UC replaces six major Income Related benefits such as ESA(IR), JSA(IR), Income Support, Housing Benefit, Working Tax Credits and Child Tax Credits.
Claimants who are to ill to work due to sickness or disability can be assessed for Limited Capability for Work (old WRAG) and Limited Capability for Work Related Activity (old Support Group).
To answer your questions
1. So if a claimant is already claiming UC and then falls ill and is able to meet the two Contribution Conditions then in principle they can claim New Style ESA, however they would not be any better off by doing so as their ESA will be deducted £ for £ from their UC.
2. Nothing happens unless they need to make a claim for UC for other reasons, for example a new claim for Housing Benefit. At some time in the future, possibly late 2019 but I'm not holding my breath there will be a managed transfer of ESA claimants to UC and I believe New Style ESA, although whether the latter is not entirely clear, there are good reasons (from the DWP point of view for doing this) but it will mean more work.
3. A lot of people misunderstand this, there is no requirement for anything to be claimed in this situation, although I realise that this may not be a practical solution for many.
If a claim for UC is made and goes into payment, then the claimant cannot then reinstate their ESA(IR) if they then go onto appeal, I believe they could reinstate their ESA(CB) but see (1). Note I am very careful in using the word reinstate rather than reclaim as the latter implies making a claim which is not required.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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