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Thread: UC problems

  1. #1
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    UC problems

    Hello everyone hope somebody can help as i am having major issues with UC and my case manager can i ask am i right in thinking that when i had an award of WRAG from my C based ESA from august 2018 to august 2019 it should follow onto my UC that started june 2019 as LCW?

    If i am can you tell me if i was to suppose to then give 3 monthly sick notes from june 2019 untill march 2021?

  2. #2
    Senior Member nukecad's Avatar
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    Yes, if you had ESA WRAG when you claimed UC then the ESA WRAG status should have automatically been included as LCW in UC without the need for Fit Notes or reassessment.

    If the ESA had ended before you claimed UC then it doesn't carry over automatically.

    But you won't get any extra money for UC-LCW unless your ESA claim had started before April 2017. Which from what you say it hadn't.
    (I take it that your CB ESA ran out after 365 days? That's correct for CB ESA WRAG)
    UC-LCW will mean that you don't have to jobsearch, and there are a few other things such as you (or your partner) can earn more before it affects UC.

    "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.

    See this for more details, a copy of the regulation itself, and suggestions of what to do:
    https://youreable.livingmadeeasy.org...l=1#post133915

    PS. What is the actual issue here, are they now asking you to jobsearch or were you expecting extra money?
    Last edited by nukecad; 02-04-21 at 21:46.
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    thankyou so much for the response its getting on for me but if you have the time tomorrow i will post what has been happening to me i feel that things are not right and errors have been made for all most 2 years thank you again.

  4. #4
    Senior Member nukecad's Avatar
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    Fine, but it may be evening again before I can read it. (My own health condition is playing up at the moment).
    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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    sorry thought i would post i hope you uderstand me and i my be all wrong but here goes 2018-2019 CB ESA WRAG status december 2018 seperation from wife she goes on to UC march 2019 we then get back together i join her UC as a joint claim june 2019 my esa didnt finish until late august 2019 letter recived sep 2019 for a WCA from DWP a letter was sent by my GP to state i needed a phone visit for my WCA.

    So my UC claim from june 2019 i was asked to produce sicknotes even though i gave all relevant information on my conditions and esa with wrag i didnt really know all this may have mattered at the time but then onto december 2020 i have a phone call out of no where it was a WCA no letters nothing to tell me this was happening any i go through the assesment then here nothing me thinking its UC i start qeustion them whats happening turns out uc still hadnt requested me to the medical portal after 18 months with continous sick notes even though i didnt need to????

    It is now found out the WCA in december 2020 was actually from ESA and all so find out they decided on WRAG again i then ask for an MR on a change of condition have MR and decision changed within 5 minutes to support group backdated to WCA december 2020.

    I then have a 2 week fight to get it changed on my UC and told it will be adjusted and backdated back to december 2020 the same as the ESA decison i disputed and it has now got to a Specialist DM as i feel i should bebackdated to my first sicknote 2019?

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    Quote Originally Posted by lee View Post
    sorry thought i would post i hope you uderstand me and i my be all wrong but here goes 2018-2019 CB ESA WRAG status december 2018 seperation from wife she goes on to UC march 2019 we then get back together i join her UC as a joint claim june 2019 my esa didnt finish until late august 2019 letter recived sep 2019 for a WCA from DWP a letter was sent by my GP to state i needed a phone visit for my WCA.

    So my UC claim from june 2019 i was asked to produce sicknotes even though i gave all relevant information on my conditions and esa with wrag i didnt really know all this may have mattered at the time but then onto december 2020 i have a phone call out of no where it was a WCA no letters nothing to tell me this was happening any i go through the assesment then here nothing me thinking its UC i start qeustion them whats happening turns out uc still hadnt requested me to the medical portal after 18 months with continous sick notes even though i didnt need to????

    It is now found out the WCA in december 2020 was actually from ESA and all so find out they decided on WRAG again i then ask for an MR on a change of condition have MR and decision changed within 5 minutes to support group backdated to WCA december 2020.

    I then have a 2 week fight to get it changed on my UC and told it will be adjusted and backdated back to december 2020 the same as the ESA decison i disputed and it has now got to a Specialist DM as i feel i should bebackdated to my first sicknote 2019?
    i meant to add all so it has been 3 weeks since this was supposed to have been sent by my case manager and it has all so been the same amount of time since she put the phone down on me and i have had no replies in my journal for 3 differnt quiers in 3 weeks either its all very worring.

  7. #7
    Senior Member nukecad's Avatar
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    I see what has caused the initial confusion with LCW in UC, and what is confusing you now about backpayments.

    The initial confusion arose because you joined your wifes UC claim rather than making a new UC claim of your own.

    At first look the wording of regulation 19 does not seem to cover that situation, but on a closer look it does.

    Reg.19 (1)(a) says:
    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”);
    Note that there is nothing there about it being a new UC claim, only that "an award of universal credit is made" and you joining your wifes claim meant that "an award of UC was made" to change her previous award to now include you.

    So your WRAG status should have been included as UC-LCW from when you joined your wifes claim. (With no need for Fit Notes or a new assessment).

    However that's water under the bridge and is not relevant or important now, because just as ESA WRAG would not have given you extra money, UC-LCW wouldn't give any extra money in UC either. (unless you first claimed ESA before April 2017, which you didn't).

    Next- As you only had WRAG in CB ESA that would stop being paid after 365 days (August 2019).
    The ESA claim/award was still open, but it wasn't paying anything. That's how you got a reassessment for ESA in 2020 that after MR put you into Support Group.
    Once you were in Support Group you were entitled to CB ESA payments again.

    As well as non-paying ESA WRAG you did have, or should have had, UC-LCW from when you joined your wifes UC claim until the new assessment/decision changed that to UC-LCWRA as from December 2020.
    But UC-LCW does not pay any extra money, (unless you first claimed ESA before April 2017, which you didn't), so there is nothing UC related to backpay from that period.

    A WCA decision applies to both CB ESA and to UC.
    So now, following the new decision, as well as ESA Support Group from December 2020 you also have UC-LCWRA from December 2020.
    Both of which will backpay as from December 2020

    The UC decision is correct - You are only due the UC-LCWRA element from December 2020. (Before that you had UC-LCW which doesn't pay any extra).

    Note that the money you get for CB ESA will be deducted £ for £ from your UC payments, and that also applies to backpay.
    (So technically you have now been overpaid UC from December to date, because the ESA for that period has not been deducted. That should all be sorted out with the backpayments).

    Ongoing you will now be paid CB ESA every fortnight, but the amount you get paid for ESA will be deducted from the monthly UC payments.
    You end up with the same overall, it's just coming from 2 different places.
    Last edited by nukecad; 03-04-21 at 17:56.
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    Thank you for making it a lot clearer for very much appricated one last question do i have any kind of case concerning the mistakes and asking for sick notes all this time and thus being treated in an assesment phase?

  9. #9
    Senior Member nukecad's Avatar
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    Not really.

    It hasn't cost you anything, or required you to do anything other than get/send the Fit Notes.

    You could complain that they didn't get it quite right, but it hasn't had any material affect other than you having to supply those Fit Notes.

    If you could somehow prove that getting the Fit Notes cost you money that you wouldn't normally have paid then you could try asking for that money to be reimbursed.

    But you won't have had any jobseeking requirements, you haven't lost any money (unless possibly if your wife or yourself has/had job and wages), so the only real difference has been the fit notes.

    If you do complain then you'd probably just get a letter explaining that they didn't get it wrong at all and you just missunderstood what was happening.
    Bull of course, but it doesn't make any material difference anyway.

    TBH now that LCWRA has been given in both ESA and UC I'd just forget what happened with the fit notes and move on.

    PS. I just noticed something that I hadn't covered, that is the WCA that came out of the blue.
    That does happen now and again, there is no legal requirement for them to send you an ESA50/UC50 first.
    They should give you seven days notice of any assessment, but if you have previously said you will take one at short notice (say a cancellation) then they don't have to. Plus with covid and telephone WCA's things went a bit disjointed at times.
    Again as you accepted the WCA call when it came then there is nothing really there to complain about either.
    Last edited by nukecad; 03-04-21 at 20:11.
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    Migration from ESA to Universal Credit- Click here for information.

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    Quote Originally Posted by nukecad View Post
    Not really.

    It hasn't cost you anything, or required you to do anything other than get/send the Fit Notes.

    You could complain that they didn't get it quite right, but it hasn't had any material affect other than you having to supply those Fit Notes.

    If you could somehow prove that getting the Fit Notes cost you money that you wouldn't normally have paid then you could try asking for that money to be reimbursed.

    But you won't have had any jobseeking requirements, you haven't lost any money (unless possibly if your wife or yourself has/had job and wages), so the only real difference has been the fit notes.

    If you do complain then you'd probably just get a letter explaining that they didn't get it wrong at all and you just missunderstood what was happening.
    Bull of course, but it doesn't make any material difference anyway.

    TBH now that LCWRA has been given in both ESA and UC I'd just forget what happened with the fit notes and move on.

    PS. I just noticed something that I hadn't covered, that is the WCA that came out of the blue.
    That does happen now and again, there is no legal requirement for them to send you an ESA50/UC50 first.
    They should give you seven days notice of any assessment, but if you have previously said you will take one at short notice (say a cancellation) then they don't have to. Plus with covid and telephone WCA's things went a bit disjointed at times.
    Again as you accepted the WCA call when it came then there is nothing really there to complain about either.
    Thank you you realy have helped with how you have explained everthing its been hard for some to understand me and my thinking of this whole situation i am now a lot clearer on the whole situation many thanks again.

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