New Style ESA and UC

[Charrleh]

Hi, I have a query about what benefits i'm entitled to as the whole thing is very confusing, so a quick bit of background I made a claim for ESA back in Feb 2019 which i believe it is the new style ESA which is Contributory Based... So fast forward to Oct 2019 and i won my esa appeal at tribunal and was put in the Support Group. So i got a letter from the DWP confirming i am on Contribution Based ESA and on the Support group and will be getting £111.65 weekly. Out of curiosity I went online and used a couple of the Benefit calculators to check what i was entitled to So apparently My Contributed ESA is a non means-tested benefit so i am also able to claim EDP £16.80 a week from IR ESA which is means tested so i would need to fill out an ESA3 form for this Or i could claim Universal credit alongside my CB ESA and be entitled to £39.27 a week extra from Universal Credit after they deduct £ for £ from my ESA. So basically from my understand of the benefits calculator i would be better off claiming UC.

Now my main question is from my understanding of the process my CB ESA will run alongside any UC claim is this correct? As i don't want to claim UC and find my ESA claim has ended. So basically all i need to do is fill out the UC claim form online, advise them via the journal i am already in receipt of a determined award for ESA CB then book an appointment.

[nukecad]

As your claim started in 2019 then it will indeed be New Style ESA, which is Contributions Based only.

The disability (and other) premiums are only ever ever Income Related and so you can only get them added to Old Style ESA.
You cannot get any premiums added to New Style ESA.
(If you send an ESA3 for NS ESA they will simply reject it and tell you to claim UC instead).

So your only choice is whether to claim UC or not, which would seem to be a no brainer if you are single.
If you are eligible for IR benefits, no working partner, savings below £16,000 then you would be better off if you claim UC.
My calculation is £38.86 more as a weekly equivalent (averaged out over a year) if you are single and over 25.

The two claims would run alongside each other. New Style ESA (and Old Style CB ESA) is not affected by UC at all.
ESA would be paid fortnightly as it is now, UC would be paid monthly with the ESA income you have had that month deducted from it £ for £ as you say.

I believe that there is now a section in the UC online claim to state that you already have a current ESA award.

Note that any other Income Related benefits that you have, ie. Housing Benefit, Child Tax Credit, etc. will also be migrated into the UC when you claim it.
(If you get Council Tax relief that also stays outside of UC, doesn't affect it and isn't deducted).

[Charrleh]

Thanks for the reply and confirming more or less my understanding of the process. I filled out the online UC form today although not submitted yet as i was waiting to see what advice i got in this post.

So as i said filled out the claim there was nothing in it asking if i have a current award so i placed a note in my journal advising i did, i also did not submit any sick notes a) i don't see how there needed when i already have an award and b) just in case it triggered another medical. So just submitted it 2 secs ago and it's asking me to call to book an appointment.

If anything crops up i will post back.

[nukecad]

filled out the claim there was nothing in it asking if i have a current award

I thought they had now included this if when they ask if 'you have a health condition that prevents you from working' you say yes.
(They were supposed to be including asking if you already get ESA so that if you are then they wouldn't ask you to provide fit notes).

https://www.gov.uk/government/public...iversal-credit

When you make a claim for Universal Credit you will be asked if you have either a health condition or a disability which prevents, or limits, your ability to work.

Hopefully you will have no problems with getting LCWRA included in the UC
But you may want to be prepared just in case they ask for Fit notes and/or want you to have a WCA.

The regulations that say that your existing ESA Support Group is included as LCWRA in UC from the start of a new UC claim (so no need for fitnotes) are regulation 28(1) and 28(5)(b)(i) of "The Universal Credit Regulations 2013". (as revised 31/3/2019).
http://www.legislation.gov.uk/uksi/2..._310319_en.pdf

Period for which the LCW or LCWRA element is not to be included

28.—(1) An award of universal credit is not to include the LCWRA element
until the beginning of the assessment period that follows the assessment period in
which the relevant period ends.

but forget about that because 28(5)(b)(i) negates 28(1) -

(5) Paragraph (1) also does not apply if–

(a) the claimant is terminally ill; or
(b) the claimant–

(i) is entitled to an employment and support allowance that includes the
support component or,

{continues}

The regulation that says that you do not need to have a new Work Capability Assessment is Regulation 40(1)(a)(ii) of the same legislation.

40.—(1) A claimant has limited capability for work and work-related activity if–

(a) it has been determined that–

(i) the claimant has limited capability for work and work-related activity on
the basis of an assessment under this Part, or
(ii) the claimant has limited capability for work related activity on the basis
of an assessment under Part 5 of ESA Regulations; or

{continues}

Of course you may be due for an ESA reassessment anyway, which would just be a coincidence.

One other thing to note is that when you have both CB ESA and UC at the same time then when your ESA reassessment is due you only have one WCA reassessment which counts for both, this is carried out under UC and you will be sent a UC50 rather than an ESA50.
The assessments themselves are identical.