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ESA TO UC MIGRATION
- Michael
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1 week 1 day ago #309810 by Michael
ESA TO UC MIGRATION was created by Michael
Hi there I my partner is on ESA in the support group I was added onto her claim around 15 years ago I am also her appointee and we both receive PIP so also get disability premiums at a couples rate we have received the migration notice to UC so should receive transitional protection also. I have submitted the UC claim this morning also did my partner's as her appointee and joined them together I have a couple of issues with things that have shown up in both our to do lists firstly in my partner's list it is asking to accept claimant commitments which she cannot as I understand it she cannot accept them because she has an appointee could you please confirm this to s correct and secondly in my to do list it is saying about work coaches and work related stuff which in 15 years of being added on to my partner's ESA claim I have never had to do I spoke to citizens advice this morning and they said for this universal credit claim I will need a fit note obviously because I have my own health conditions and an assessment this has never been the case on my partners ESA claim it has come as a big shock can this be correct also? Please help.
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- latetrain
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6 days 21 hours ago #309870 by latetrain
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by latetrain on topic ESA TO UC MIGRATION
Hi Michael
I am not sure about accepting a claimant commitment and appointee, I do know that if a partner refuses to accept a claimant commitment then their claim will fail.
I take it that you are the carer for your partner even though you have your own disabilities, in which case you would claim the care element of UC and as your partner was in the support group then they would transfer over to the LCWRA group.
You can only have one LCWRA element in a joint claim, did you tell CA that your partner was in the support group and you were her appointee/carer, I am not sure why CA said you need to supply a fit note, as a carer you just have to be doing substantial care, UC follows similar rules to Carers Allowance but there are some differences.
Gary
I am not sure about accepting a claimant commitment and appointee, I do know that if a partner refuses to accept a claimant commitment then their claim will fail.
I take it that you are the carer for your partner even though you have your own disabilities, in which case you would claim the care element of UC and as your partner was in the support group then they would transfer over to the LCWRA group.
You can only have one LCWRA element in a joint claim, did you tell CA that your partner was in the support group and you were her appointee/carer, I am not sure why CA said you need to supply a fit note, as a carer you just have to be doing substantial care, UC follows similar rules to Carers Allowance but there are some differences.
Gary
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- Michael
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3 days 10 hours ago #309985 by Michael
Replied by Michael on topic ESA TO UC MIGRATION
Thanks for your reply Gary. I did not claim carers allowance for my partner even though I do care for her because we both get pip we get a severe disability premium at the couples rate on ESA so no need for carers allowance yo can't claim both. The severe disability premium we should receive transitional protection for I believe so don't need neither can I have the carer element when migrating to UC so if I don't claim the carer element where does that leave me. Also I sent message to UC through the journal they said they said they will be in touch to confirm I am my partner's appointee because on this claim I am not down as appointee yet and to not agree to the claimant commitments till someone has spoken to me which is concerning because it says to agree by the 21st or you won't get paid.
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- latetrain
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1 day 21 hours ago #310067 by latetrain
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by latetrain on topic ESA TO UC MIGRATION
Hi Michael
I have asked colleagues about appointees and the effect on UC, as I do not have much knowledge on the subject matter and received the following information, we were not sure if you only received IR ESA or both IR + CB ESA.
The appointee assumes responsibility for doing more or less everything associated with making a claim for UC, apart from accepting a claimant commitment.
Instead, Regulation 16 of the UC Regs allows DWP to waive the requirement for a claimant commitment when the claimant does not have the capacity to accept one.
Therefore, you will need to suggest to DWP that your partner does not have the capacity to accept any kind of claimant commitment (if that is the case) – not even to report changes or check the journal.
You will have your own claimant commitment of course, but as a person who appears to have LCWRA in your own right (even if you cannot receive an additional LCWRA element) your own commitment should not be very onerous – it will be confined to things like reporting changes and checking the journal. That on its own is enough exempt you from any work-related activity; but as back-up, yes being a carer for his partner would also exempt you in a similar way.
Gary
I have asked colleagues about appointees and the effect on UC, as I do not have much knowledge on the subject matter and received the following information, we were not sure if you only received IR ESA or both IR + CB ESA.
The appointee assumes responsibility for doing more or less everything associated with making a claim for UC, apart from accepting a claimant commitment.
Instead, Regulation 16 of the UC Regs allows DWP to waive the requirement for a claimant commitment when the claimant does not have the capacity to accept one.
Therefore, you will need to suggest to DWP that your partner does not have the capacity to accept any kind of claimant commitment (if that is the case) – not even to report changes or check the journal.
You will have your own claimant commitment of course, but as a person who appears to have LCWRA in your own right (even if you cannot receive an additional LCWRA element) your own commitment should not be very onerous – it will be confined to things like reporting changes and checking the journal. That on its own is enough exempt you from any work-related activity; but as back-up, yes being a carer for his partner would also exempt you in a similar way.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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