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Thread: Some advise pls. Ns esa & uc

  1. #1
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    Some advise pls. Ns esa & uc

    I’ve been on uc for around 18 months and working. However due to ill health which has turned out to be long term, I was on SSP until the end of December 2020. Uc put me through a WCA in October 2020 and on December 4th I received a letter via my journal telling me I am not required to look for work or prepare for work. I put a claim in for pip 2 months ago (still waiting for an assessment date) but my January uc still didn’t include the disability payment and I have no other income so have been left with £90 after rent to live on till the end of February. My 3 month wait was 29/12/2020 for the extra uc. My employer terminated me on 31/12/20 due to ill health after having paid me 6 months SSP. Not really up on my benefits I assumed that uc had put me on esa but that’s seems to be not the case so I’ve just applied for the new style esa online, but I have questions.

    Will I have to have another WCA for this or will they use the one that the uc did on 30/11/2020?

    Is there any point in claiming both uc and new style esa as uc reduce their payment pound for pound and I am single in rented house.

    What help can I get if any to access food/gas etc before my next payment at end of February.

    Any help or guidance would be really appreciated

  2. #2
    Senior Member nukecad's Avatar
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    You won't need another WCA, it's the same one for both benefits.

    Unless you have a working partner, of high savings/capital, or expect to come into some money like an inheritance, then there is no real point to claiming both UC and NS ESA bacause as you say one gets deducted from the other anyway.
    It's having one of those things that could stop UC being paid, whereas they wouldn't stop NS ESA.

    Put a note on your journal payment section asking why LCWRA element is not being paid.
    It may be a mix up because you were still on SSP when they made the decision?
    Or it may be just taking them time to sort out.
    As you know you do have to wait 3 monthly periods from when you first provide medical evidence of being unable to work before LCWRA element is paid once awarded. (Did the DWP tell you that 29/12/20 date? or was it someone else?).
    The situation with SSP may have confused that, because technically you were still employed while receiving SSP.

    For temporary help with living costs:
    In your circumstances you can apply for an advance of UC (even if you have had one before at the start of your claim) you will need to do it by telephone not online.
    This gives you more info about applying:
    https://www.gov.uk/guidance/universa...credit-advance
    You can apply for a Universal Credit advance:

    • before you get your first payment
    • if you are already being paid Universal Credit and have told us of a change in your circumstances that means you will be paid more Universal Credit but have not yet been paid the increased amount
    Last edited by nukecad; 30-01-21 at 23:58.
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  3. #3
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    Thank you for your help.

    I worked out the date as 29/12/20 as the first evidence I gave UC regarding my illness was on the 29/09/20 and it stated 3 months from the date I first gave evidence. I did ask about an advance but I’m still paying off my first advance as when I was working I had £0 payments most months from UC so it wasn’t taking a deduction.

    One of the other reasons I wondered about new style esa is because UC seem to like helping them selves to my money for random reason like a overpayment of tax credits from 12yrs ago that they never wrote to me about! Seems maybe with the esa I might actually be able to afford to live unlike UC? Plus it more per month than the UC disability rate. Does you allowance for earning count for the esa income?

    Again thank you for your help, I really appreciate it. Just need a magic wand to speed up the pip process
    Last edited by Bart70; 31-01-21 at 08:31.

  4. #4
    Senior Member nukecad's Avatar
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    Quote Originally Posted by Bart70 View Post
    I worked out the date as 29/12/20 as the first evidence I gave UC regarding my illness was on the 29/09/20 and it stated 3 months from the date I first gave evidence.
    It's not quite as simple as that.

    The rule for an existing UC claim is 3 FULL assessment periods starting after you first provide evidence.

    So from what you have said then I believe that you won't get a LCWRA element until your February UC payment.
    I'll try to explain it without knowing your actual UC period dates:

    • You first provided evidence on 29th Sep.
    • The next period is Oct-Nov. (Waiting month 1)
    • The next period is Nov-Dec. (Waiting month 2)
    • The next period is Dec-Jan. (Waiting month 3)

    That's the 3 months waiting done and you can be paid LCWRA element from the start of the January-February period.
    That will (should) be included in your UC payment in February.

    That will be correct unless your UC monthly period happens to start on the 30th, in which case it should be in the payment you get next week (which is still February).


    As far as deductions from UC for old Working Tax Credits (and other old benefit overpayments) - The UC law lets them do this.

    Even when the old debt wasn't recoverable under the old system(s) they can still recover it now under UC.
    It's a scandal that was burried in the UC legislation so nobody realy noticed it until they started recovering old, previously unrecoverable, debts through UC.
    WTC overpayments from years ago are the area where it is showing up the most.

    Most people aren't even aware that they have an old WTC overpayment until UC starts taking decuctions for it, and that is now happening a lot as more working people claim UC because of Covid.
    There is a campaign/fight against it but I'm not sure where that is up to.

    Getting NS ESA wouldn't realy change that, they could still recover the TC overpayment from any UC payments over time it would just take longer.
    Of course it would mean that you'd have the NS ESA which couldn't be touched in that way.
    Last edited by nukecad; 31-01-21 at 11:20.
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  5. #5
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    My dates go from 22nd to the 21st each month so hence I had taken September as been my first month. But clearly not a full month. Seems they have us stitched up with this UC. Not a fan of the system, when I’ve needed the backup of a safety net it has failed me and left me having to borrow when I’ve been off sick in the past. As they deduct from your rent element too leaving you short. It isn’t fit for purpose, had to use a food bank in the past because if it.

    Thank you your help you’ve answered questions I couldn’t find answers to anywhere else such as the WCA question.

  6. #6
    Senior Member nukecad's Avatar
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    The waiting period is not stitch up, it's just the way they have to do it with monthly periods/payments.

    With ESA which is calculated weekly it's a set 13 weeks waiting period.
    With UC it's the 3 full months, which can be as little as 11 weeks (if it includes February and the timing is just right) or as much as 16 weeks (if you put your evidence in on the first day of a UC period).
    For new claims the 3 months starts on the day that you claim, if you have evidence for that day, so there is no part month to consider.

    As for the benefits system in general being unfair, I don't think you will find anyone here who disagrees with that.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

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