Migration from ESA to Universal Credit - the facts.

[nukecad]

Scroll down or click these links for more info on:

• Will I be worse off on UC than ESA?
• Moving House and Universal Credit.
• Will I need to have a new Work Capability Assessment if I Migrate to Universal Credit?
• What happens if I am found Fit-for-Work following Assessment/Reassessment?
• Getting an Advance Payment of UC
• Can you get free prescriptions with Universal Credit?
• What about Permitted Work?
• SDP and Natural Migration

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Here's a quick recap of what is happening with ESA and migration to Universal Credit at the moment.

As of the current time: (December 2020).

The whole country is now 'Full Service' Universal Credit for new Income Related benefit claims.
(Any new claim for an Income Related benefit now has to be Universal Credit - Unless you have the SDP paid with a benefit, or did have it in the previous month)

Nobody is being made to change from Income Related ESA to Universal Credit - yet.
(This is called 'Managed Migration' and will happen, but it's not happening yet).
(It started in July 2019 for a pilot of 10,000 claimants, it started with IR benefit claimants in Harrogate, it was put on hold because of Covid-19).

Contribution Based ESA will not change to Universal Credit. All Contribution Based benefits stay outside of Universal Credit.
(It is only Income Reated benefits that will migrate).

It does not matter which ESA group you are in. - The only criteria is Income Related or Contribution Based.

It is possible to have CB ESA as well as Universal Credit.
(Just like you can have CB ESA with an IR ESA top-up).

In the future those who change from IR ESA to Universal Credit by 'Managed Migration' will not get any less money.
(There will be 'Trasitional Protection' to make sure you don't get any less money than your ESA and other IR benefits as a total).

BUT

You can be changed from Income Related ESA to Universal Credit if you have a 'Change of Circumstances'.
This is called 'Natural Migration'.

This CANNOT happen currently if you have, or are entitled to the Severe Disability Premium on any benefit.
(SDP with any one of ESA, IS, JSA, or HB currently blocks you from claiming UC).
However this will change on 27th Jan 2021 and those with SDP will then be able to move to UC.

Not all 'Changes of Circumstances' will trigger a migration to Universal Credit.
(For instance a change of health circumstances that moves you from WRAG to SG, or vice-versa, should not trigger a migration to Universal Credit).

It will only happen if you need to make a brand new claim for an Income Related benefit.
(For example if you are claiming HB but move to a house to a different local authority area you will have to claim UC-Housing Element in the new area, a brand new claim).
(If you move house in the same Local Authority area this does not apply, you can stay on HB. It only applies if you move to a different Local Authority).

Contribution Based 'New Style' ESA WRAG ending after 365 days is a 'Change of Circumstances' that also counts.
This is because after 365 days CB are over you technically have to make a new claim for Income Related benefit. So this would have to be a new UC claim.

There is no 'Transitional Protection' for 'Natural Migration' by a change of circumstances, but new laws means you should not end up with less money.
You could end up with substantially more, it all depends on your individual circumstances.
See Will I be worse off on UC than ESA?
You need to check carefully before considering any house move, particularlarly you housing costs and any Council Tax Relief which may be different at the new house.


Those are the main points about migration from ESA to Universal credit at the current time.
Obviously it does not cover all the little wrinkles, that would just get too long and complicated.

And yes, the DWP have and still are making some wrong decisions about it. (They always do with something new).
They are getting better at it though as they get more familiar with UC.
If they do get something wrong then of course you can still ask for MR and appeal.

This thread will be kept closed to posts, to keep it clear of distractions, but I will try to keep it up to date.

[nukecad]

Will moving house mean that I have to claim Universal Credit instead of ESA?

If you have SDP with any benefit then you cannot currently claim UC in any circumstances.
However this will change on 27th Jan 2021 and those with SDP will then be able to make a claim for UC.

If you already claim HB and move within your current Local Authority you can stay on your current benefits.
If you are already claiming Housing Benefit with them you can keep claiming it even for a different property.
This DWP memo, A7/2018, issued to Local Authorities in September 2018 explains it.
https://www.gov.uk/government/public...al-authorities
See in particular paragraphs 9 and 10. (my highlighting)

Change of address within an LA area

9. If an existing HB claimant moves home within the same LA area, a new HB claim is not required and LAs may continue to award HB based upon the change of circumstances. A claim to UC is not needed if the claimant moves house within the same LA area.

10. It is only when a claimant moves out of the LA boundary that an HB award ends and a new HB claim would have to be made but is prevented by the UCFS rules. This means that a UC claim must be made for housing costs instead.

Certain 'Sheltered' or 'Supported' housing can also still claim HB - but check that carefully, not all sheltered/supported housing qualifies there has to be a level of care included.
'Emergency' accommodation, eg. if you are evicted/homeless, may also be HB rather than UC.

Making a new claim for UC housing element will mean that any existing IR ESA award (and any other IR benefit) would be 'Naturally' migrated into UC as well.
ESA would be migrated to UC with a Limited Capability for Work element, or a Limited Capability for Work Related Activity element.

This should not trigger a new Work Capability Assessment on it's own, but you will still have to have your regular reassessments just like anyone with LCW or LCWRA.

GO TO TOP

[nukecad]

If you have SDP with any benefit then you cannot currently claim UC in any circumstances.
However this will change on 27th Jan 2021 and those with SDP will then be able to make a claim for UC.

You do not need to be reassessed just because you Migrate from ESA to Universal Credit.

You may need to be reassessed though if your health circumstances have changed, or if you were due for a reassessment anyway.

It's quite rare for the Jobcentres/UC to get this wrong now, but it may still happen that they say you need to be reassessed just because you migrated.
(Some of them still don't seem to understand that a 'Prognosis date' is not an 'end of award date').

THAT IS WRONG.
The DWP have argued that this is not against the law because the primary legislation says that they can reassess at anytime.
However UC legislation says that they should not reassess just because someone has been migrated to UC.

Insisting that you have to be reassessed before they will migrate your ESA Limited Capability element into UC is against the law.

The Legal bit-
"The Universal Credit (Transitional Provisions) Regulations 2014" Regulation 19 clearly states that if you are migrating from ESA WRAG or ESA SG to Universal Credit then you should automatically be awarded the UC equivalent (UC-LCW or UC-LCWRA) with no need for a new assessment.

Transition from old style ESA
19.—(1) This regulation applies where–
(a) an award of universal credit is made to a claimant who was entitled to old
style ESA on the date on which the claim for universal credit was made or
treated as made (“the relevant date”); and
(b) on or before the relevant date it had been determined that the claimant was
entitled to the work-related activity component or to the support component.

(2) Where, on or before the relevant date, it had been determined that the claimant
was entitled to the work-related activity component–
(a) regulation 27(3) of the Universal Credit Regulations (award to include LCW
and LCWRA elements) does not apply; and
(b) the claimant is to be treated as having limited capability for work for the
purposes of regulation 27(1)(a) of those Regulations and section 21(1)(a) of
the Act.

(3) Unless the assessment phase applied and had not ended at the relevant date(a),
in relation to a claimant who is treated as having limited capability for work under
paragraph (2)–
(a) regulation 28 of the Universal Credit Regulations (period for which the LCW
or LCWRA element is not to be included) does not apply; and
(b) the LCW element is (subject to the provisions of Part 4 of the Universal
Credit Regulations) to be included in the award with effect from the beginning
of the first assessment period.

(4) Where, on or before the relevant date, it had been determined that the claimant
was entitled to the support component–
(a) regulation 27(3) of the Universal Credit Regulations does not apply; and
(b) the claimant is to be treated as having limited capability for work and workrelated
activity for the purposes of regulation 27(1)(b) of those Regulations
and section 19(2)(a) of the Act.

Continues...

(My higlighting in red).
http://www.legislation.gov.uk/uksi/2..._311216_en.pdf
End of Legal bit.

If you migrate and they say you must be reassessed before getting a Limited Capability element paid with your UC to you then:

• Politely tell them that they are wrong, ask to talk to a supervisor, and quote that regulation 19 at them.
• If they still won't listen then ask for a Mandatory Reconsideration, (they will tell you there is no MR because they have not made a decision, again bullshine), - insist that they have made a decision not to award you a Limited Capability element and you want to challenge that decision.
• If they grant the MR then again quote that regulation 19 at them, in writing.
• If they still won't grant an MR then it's time for appeal, and a written complaint to DWP, (and your MP).

Of course if they send you a UC50 anyway then there is not a lot that you can do other than fill it in and send it back.
Once the reassessment process has started you can't stop it.
You should still MR/appeal to get the element added from the start of your UC claim if they haven't added it from then.

GO TO TOP

[nukecad]

The DWP are not making ANY Fit-for-Work decisions during Covid.
Once FFW decisions are possible again:

Changes to the law mean that ESA assessment rate should now be paid during during a "Fit-for-Work" Mandatory Reconsideration, as well as during any later appeal.

If you request MR of a Fit-for-Work decision then you can also ask for your ESA claim to continue at assessment rate.

Note that this only applies to ESA Fit-for-Work decisions, it does not apply to failure to return the ESA50 or failure to attend the WCA.

However remember that if you are found FFW your council may be told your ESA has stopped, and so your HB and CTR may stop.
If that should happen then you will need to tell the council that you have asked for MR and so your ESA is still active and they should reinstate HB/CTR.
(With no FFWs during Covid it's a situation that hasn't arisen yet).

Claiming UC during MR/appeal rather than assessment rate ESA.
Alternatively if you qualify for Income Related benefit then you could claim UC whilst awaiting tribunal, telling them that you are appealing an ESA FFW decision.
If you do that then you cannot go back to Income Related ESA, but the tribunals ruling on Limited Capability for Work would be applied both to the ESA before you claimed UC and, backdated, to the start of your UC claim.
If you are appealing against a FFW decision on Contribution Based ESA then that could be reinstated alongside the UC.

Why would you want to claim UC, rather than staying on assessment rate ESA?

• Everybody with IR ESA will be migrated to UC in the coming years anyway, so why not get it over with now while you have the chance?
• If you tell them when claiming UC that you are waiting for an ESA MR/appeal then they won't make you do any jobsearching, and should not refer you for a new WCA. (There is now a question where they ask about that on the UC application).
• You can, and should, ask for the start date of your UC claim to be backdated to the date that the FFW decision stopped ESA. (Backdating of a new UC claim is limited to one month maximum).
• The amount you will get paid with UC Standard Rate is currently higher that you would get with ESA Assessment Rate whilst waiting for MR/appeal.
• If you win at MR or appeal than that decision will automatically get added to the UC as an LCW/LCWRA element and your money reinstated as it would have been with ESA. It would also be backpaid.
• Any other Income Related benefit you have (Housing Benefit, etc.) will be migrated to UC when you claim it. (Again this will happen anyway in a couple of years).
• If there is any question about whether ESA would be paid during appeal, because of a previous fit for work decision, this becomes irrelevant. UC will be paid anyway.
• If you should lose at MR/appeal then you are already on UC and it would just continue to be paid, as a jobseeker. No need to make a new UC claim.

The big difference will be that you get paid monthly instead of fortnightly, and that all your IR claims are in one place so you don't need to deal with different departments, and any future changes to your circumstances are much easier to deal with.

Which you choose to do will depend on your personal circumstances and Finances.
I suggest that you check carefully how claiming UC would affect you.
See a benefits adviser, use one of the online benefit checkers, or ask on the forum, we'll need details of what you claim already.
In particular Council Tax Relief can be a problem with some councils, and you may have to pay more Council Tax if you claim UC. (Unfortunately we can't realy advise about that, you'll need to ask your particular council or a local to you benefits adviser. The online calculators can usually also cope with that).


GO TO TOP

[nukecad]

Government info. on getting a UC advance payment.
https://www.gov.uk/guidance/universal-credit-advances

That is kept updated if/when things change.

GO TO TOP

[nukecad]

The quick answer is yes, but only if you have low or no other earnings, a child element, or a Limited Capability element.
(UC can be paid to wage earners, so free healthcare is not an automatic entitlement for all UC claimants).

https://www.nhsbsa.nhs.uk/help-nhs-p...iversal-credit

If you’re getting Universal Credit, your entitlement to free NHS prescriptions depends on your earnings for the most recent assessment period. You’re entitled if your earnings during that period were:

• £435 or less
• £935 or less if your Universal Credit includes an element for either:
  
  • a child
  • limited capability for work
  
  

‘Most recent assessment period’ means the assessment period that ended immediately before the date you claim free NHS prescriptions. It runs for a calendar month.

Note that there is no box on the back of the prescription to tick for Universal Credit:

The patient declaration on the prescription form does not yet include Universal Credit. You should tick the Income-based Jobseeker’s Allowance box and show your Universal Credit award notice as proof that you’re entitled.

EDIT- A tickbox for UC is now included on the latest forms, but you may still get an older form.

Here's a link to the NHS Choices page about UC and health costs:
https://www.nhs.uk/NHSEngland/Health...al-credit.aspx

GO TO TOP

[nukecad]

There is no concept of Permitted Work with Universal Credit.

UC is a benefit that can be paid if you are working or not.

What happens is that any earnings above your 'Work Allowance' are deducted from your UC at 63 pence in the pound.
(ie. For every pound earned over your Work Allowance, loose 63p of your UC)

If you have a Limited Cabability element, (either LCW or LCWRA), then your Work Allowance (from April 2020) will be:

• £512 if you don't have a Housing element included with your UC.
• £292 if you do have a Housing element included with your UC.

So if you have a Limited Capability element you can work and earn those amounts without it affecting your UC.

Always remember that any work that you do may have an effect on your next WCA if it contradicts the reasons for your Limited Capability.

GO TO TOP

[nukecad]

This has now been moved to post #11

[nukecad]

Spare for future use.

[nukecad]

Those who have already been Nautrally Migrated to UC now have a 'Transition Element' paid with their UC to 'compensate' for the loss of SDP.

This 'compensation' is not as much as those who Manage Migrate later will get.

As from the 16th January 2019 the law was changed so that you can no longer claim Universal Credit if you have SDP. You will be able to claim 'Legacy' benefits instead.

The block on those with SDP claiming UC is done by means of a 'Gateway Condition' which will block Natural Migration to UC if you have SDP.
There is also a clause allowing legacy benefits, such as Housing Benefit, to still be claimed if this applies to you.

Note that this situation will change on 27th Jan 2021 see: https://www.youreable.com/forums/sho...498#post173498


GO TO TOP