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UC Deadline Date, Medical Conditions and Evidence
- Sowandgrow
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1 week 4 days ago #304661 by Sowandgrow
Replied by Sowandgrow on topic UC Deadline Date, Medical Conditions and Evidence
Hi have been in my 'assessment period' which was meant to finish on 21st May and get my first UC payment on 28th May.
However today I have a statement in my UC diary, UC payment statement, and a letter in the post that have sent me spinning!
The Diary message today states I am still claiming ESA. The UC payment statement shows my period of assessment as having come to an end on 21st May and it says as I am still claiming ESA they are taking that amount off my UC award, which will be paid on 28th May.
I've also had a letter in the post today from DWP dated 15th May, saying my "Contribution-based ESA will change to New Style ESA from 06/05/25" and that I will have to attend a work coach appointment and "explain how your illness or disability affects your ability to work" which sounds like a WCA??
The letter says this is a result of automated switchover and on the next page says "Your award of Income-Related ESA will end on 5th May 2025. This is because Universal Credit is replacing the income-related ESA you get. Your final payment of Income-related ESA covers the period 22 April to 06/05/25."
I also received a payment of ESA into my bank account on Monday, of an amount less than my previous ESA payments before this whole migration thing, so I assume this is a New Style ESA payment.
Before all this I was only ever on IR ESA in the Support Group, and I was being transitioned directly to UC. I assume this means they have transferred me to New Style incorrectly?
The letter about ESA says I can phone them or write to them to ask to explain their decision, or ask for a Mandatory Reconsideration.
The payment statement in my UC account says:
"If you think we've made a mistake
It is important that you tell us straight away.
You can ask for a written explanation. You need to contact us within 1 month of the date on this statement (22 May 2025). You can write to us at Freepost DWP UNIVERSAL CREDIT FULL SERVICE, or call us."
Questions:
Is switching me to New Style a legitimate way to transition me or have they made a mistake?
Have I made a mistake?? I said I was on Income Related ESA - that's the right one if you have no savings or income and are in the support group isn't it?
Does this mean I have to ask for a written explanation before I can challenge this, or do I need to contact them straight away?
Do I also have to contact the DWP separately about the New Style ESA thing too?
I can't deal with phoning them about this on my own, I'm totally floored and not sure which direction I'm supposed to go in.
Any advice would be so gratefully received, and thanks so much for all the input so far!!
However today I have a statement in my UC diary, UC payment statement, and a letter in the post that have sent me spinning!
The Diary message today states I am still claiming ESA. The UC payment statement shows my period of assessment as having come to an end on 21st May and it says as I am still claiming ESA they are taking that amount off my UC award, which will be paid on 28th May.
I've also had a letter in the post today from DWP dated 15th May, saying my "Contribution-based ESA will change to New Style ESA from 06/05/25" and that I will have to attend a work coach appointment and "explain how your illness or disability affects your ability to work" which sounds like a WCA??
The letter says this is a result of automated switchover and on the next page says "Your award of Income-Related ESA will end on 5th May 2025. This is because Universal Credit is replacing the income-related ESA you get. Your final payment of Income-related ESA covers the period 22 April to 06/05/25."
I also received a payment of ESA into my bank account on Monday, of an amount less than my previous ESA payments before this whole migration thing, so I assume this is a New Style ESA payment.
Before all this I was only ever on IR ESA in the Support Group, and I was being transitioned directly to UC. I assume this means they have transferred me to New Style incorrectly?
The letter about ESA says I can phone them or write to them to ask to explain their decision, or ask for a Mandatory Reconsideration.
The payment statement in my UC account says:
"If you think we've made a mistake
It is important that you tell us straight away.
You can ask for a written explanation. You need to contact us within 1 month of the date on this statement (22 May 2025). You can write to us at Freepost DWP UNIVERSAL CREDIT FULL SERVICE, or call us."
Questions:
Is switching me to New Style a legitimate way to transition me or have they made a mistake?
Have I made a mistake?? I said I was on Income Related ESA - that's the right one if you have no savings or income and are in the support group isn't it?
Does this mean I have to ask for a written explanation before I can challenge this, or do I need to contact them straight away?
Do I also have to contact the DWP separately about the New Style ESA thing too?
I can't deal with phoning them about this on my own, I'm totally floored and not sure which direction I'm supposed to go in.
Any advice would be so gratefully received, and thanks so much for all the input so far!!
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- Sowandgrow
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1 week 4 days ago #304666 by Sowandgrow
Replied by Sowandgrow on topic UC Deadline Date, Medical Conditions and Evidence
I should also add that my name is spelled totally wrong on my ESA letter, but I don't think it's anyone else's name as its nonsense.
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- latetrain
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1 week 2 days ago #304702 by latetrain
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by latetrain on topic UC Deadline Date, Medical Conditions and Evidence
Hi Sowandgrow
I cannot answer your questions as we do not have enough information, quite often claimants in receipt of ESA do not know which type of ESA they receive and they get confused.
There are two types of legacy ESA, IR ESA and CB ESA. Some claimants receive both, especially claimants in the support group as disability premiums are paid to claimants receiving IR ESA.
We would advise you to seek help from your local Welfare Advice Organisation; advicelocal.uk
You need to make sure DWP have the correct spelling of your name as it could cause you issues at a later date.
Gary
I cannot answer your questions as we do not have enough information, quite often claimants in receipt of ESA do not know which type of ESA they receive and they get confused.
There are two types of legacy ESA, IR ESA and CB ESA. Some claimants receive both, especially claimants in the support group as disability premiums are paid to claimants receiving IR ESA.
We would advise you to seek help from your local Welfare Advice Organisation; advicelocal.uk
You need to make sure DWP have the correct spelling of your name as it could cause you issues at a later date.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Sowandgrow
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1 week 2 hours ago #304782 by Sowandgrow
Replied by Sowandgrow on topic UC Deadline Date, Medical Conditions and Evidence
Hi Gary, Thanks for the reply, I've never heard of that organisation so I will try and contact them.
On Friday I contacted CAB who said I needed to find out for certain what my original award was from DWP. DWP confirmed it was only ever IR ESA previously, but the UC migration application had triggered them to check my NI contributions and they then decided to swap me to CB ESA first, which turns into New-Style ESA with a top up of UC, instead of transitioning all my IR ESA over to UC as expected.
They said because I was now no longer on IR ESA I wasn't entitled to protection from WCA type stuff happening to me as a result of migration, and it's up to the Job Centre to decide how to handle it. They also said JC might require me to complete a full UC50 form and go through the whole assessment process.
CAB Help to Claim said they had never come across this before but it sounded legit, and told me to simply contact my local CAB for support in re-applying.
I'm pretty horrified by this outcome as I read all the brilliant B&W info about IR ESA to UC Migration, and believed I was going into a protected migration. It just goes to show DWP really can just go rogue.
Incidentally partner checked my old P60 from 2023 (I can't find later ones atm) which showed a taxable amount from my ESA, and he thinks this indicates I was on a combined award at least at that time, and maybe DWP person on Friday was wrog about my single IR ESA award.
Some clarity on my rights in either scenario would be hugely appreciated, if anyone ca help with this, and I'm not certain I was give accurate info on Friday from CAB either.
In the meantime I was thinking of sending the following to my case manager via my journal, on the assumption that DWP gave me correct info:
"I am in a managed migration from irESA Support Group to UC.
Under UC Transitional Provisions Regulation 19 my ESA Group should transfer automatically from day 1 of my claim without question.
Instead, now that my assessment period has finished I have had a letter in the post saying I'm being transferred from CB ESA and am now on New-Style ESA, and my UC statement shows that this is being deducted from my UC provision. The postal letter also says I will have to attend an interview answering questions about my health conditions and their effect on my ability to work, which Transitional Provisions Regulation 19 state I am legally protected from in managed migration.
As this has happened against my legal right to transitional protections, I would like a manager to review this immediately, and let me know how the issue will be resolved.
Many thanks."
On Friday I contacted CAB who said I needed to find out for certain what my original award was from DWP. DWP confirmed it was only ever IR ESA previously, but the UC migration application had triggered them to check my NI contributions and they then decided to swap me to CB ESA first, which turns into New-Style ESA with a top up of UC, instead of transitioning all my IR ESA over to UC as expected.
They said because I was now no longer on IR ESA I wasn't entitled to protection from WCA type stuff happening to me as a result of migration, and it's up to the Job Centre to decide how to handle it. They also said JC might require me to complete a full UC50 form and go through the whole assessment process.
CAB Help to Claim said they had never come across this before but it sounded legit, and told me to simply contact my local CAB for support in re-applying.
I'm pretty horrified by this outcome as I read all the brilliant B&W info about IR ESA to UC Migration, and believed I was going into a protected migration. It just goes to show DWP really can just go rogue.
Incidentally partner checked my old P60 from 2023 (I can't find later ones atm) which showed a taxable amount from my ESA, and he thinks this indicates I was on a combined award at least at that time, and maybe DWP person on Friday was wrog about my single IR ESA award.
Some clarity on my rights in either scenario would be hugely appreciated, if anyone ca help with this, and I'm not certain I was give accurate info on Friday from CAB either.
In the meantime I was thinking of sending the following to my case manager via my journal, on the assumption that DWP gave me correct info:
"I am in a managed migration from irESA Support Group to UC.
Under UC Transitional Provisions Regulation 19 my ESA Group should transfer automatically from day 1 of my claim without question.
Instead, now that my assessment period has finished I have had a letter in the post saying I'm being transferred from CB ESA and am now on New-Style ESA, and my UC statement shows that this is being deducted from my UC provision. The postal letter also says I will have to attend an interview answering questions about my health conditions and their effect on my ability to work, which Transitional Provisions Regulation 19 state I am legally protected from in managed migration.
As this has happened against my legal right to transitional protections, I would like a manager to review this immediately, and let me know how the issue will be resolved.
Many thanks."
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- latetrain
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5 days 21 hours ago #304858 by latetrain
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by latetrain on topic UC Deadline Date, Medical Conditions and Evidence
Hi Sowandgrow
Transfer from legacy benefits to UC
If you either are getting employment and support allowance (ESA) and are in the support group or were getting ESA and were in the support group immediately before you claimed UC, the limited capability for work-related activity (LCWRA) element should be included in your UC maximum amount from the start of your UC award, or from the start of the UC assessment period in which your entitlement to the support component began, if that is later. You do not need another work capability assessment to qualify (though the DWP may send you for reassessment). The three-month waiting period for the LCWRA element does not apply in this situation.
If you are getting income-related ESA when you claim UC, this will stop. If you are getting old-style contributory ESA when you claim UC, this will continue as new-style ESA. New-style ESA can be paid at the same time as UC; it is treated as unearned income and is deducted from your UC maximum amount.
Relevant legislation if you were getting old-style employment and support allowance (ESA)
Reg 19(1), (4)(b) and (5)(b) of the Universal Credit (Transitional Provisions) Regulations 2014, which provides that a UC claimant who was entitled to ESA immediately before claiming UC and who had been, in respect of ESA, determined to have LCWRA or is treated as having LCWRA (ie, had been placed in the ESA support group), must be treated as having LCWRA from the outset of their UC award and the LCWRA element must be included in their UC from the outset.
Relevant legislation if you are getting new-style ESA
Regulation 28(5)(b)(i) Universal Credit Regulations 2013, provides that the normal three-month waiting period for the LCWRA element does not apply if you are entitled to new-style ESA which includes a support component.
What to do if these rules aren't followed:
If you are in this situation and the LCWRA element has not been included from the correct date, request a mandatory reconsideration (MR) and if this is unsuccessful, appeal.
Gary
Transfer from legacy benefits to UC
If you either are getting employment and support allowance (ESA) and are in the support group or were getting ESA and were in the support group immediately before you claimed UC, the limited capability for work-related activity (LCWRA) element should be included in your UC maximum amount from the start of your UC award, or from the start of the UC assessment period in which your entitlement to the support component began, if that is later. You do not need another work capability assessment to qualify (though the DWP may send you for reassessment). The three-month waiting period for the LCWRA element does not apply in this situation.
If you are getting income-related ESA when you claim UC, this will stop. If you are getting old-style contributory ESA when you claim UC, this will continue as new-style ESA. New-style ESA can be paid at the same time as UC; it is treated as unearned income and is deducted from your UC maximum amount.
Relevant legislation if you were getting old-style employment and support allowance (ESA)
Reg 19(1), (4)(b) and (5)(b) of the Universal Credit (Transitional Provisions) Regulations 2014, which provides that a UC claimant who was entitled to ESA immediately before claiming UC and who had been, in respect of ESA, determined to have LCWRA or is treated as having LCWRA (ie, had been placed in the ESA support group), must be treated as having LCWRA from the outset of their UC award and the LCWRA element must be included in their UC from the outset.
Relevant legislation if you are getting new-style ESA
Regulation 28(5)(b)(i) Universal Credit Regulations 2013, provides that the normal three-month waiting period for the LCWRA element does not apply if you are entitled to new-style ESA which includes a support component.
What to do if these rules aren't followed:
If you are in this situation and the LCWRA element has not been included from the correct date, request a mandatory reconsideration (MR) and if this is unsuccessful, appeal.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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