ESA SG to UC

Housebound94

Hi, I am in the ESA Support Group and have been for a number of years after been reassessed. I am looking to move into a council property and have been told to claim UC to be able to claim Housing Benefit. My ESA is IR, but has some CB in it… I get roughly £409 per 2 weeks, upon claiming UC my IR ESA will stop? But the CB portion will continue to be paid? Im worried going into this blind and would like as much information as possible. Should also mention I do receive SDP 

calcotti

I infer that currently you are living without rent, is that correct?

Your income based ESA will stop 2 weeks after you claim UC.
your contribution based ESA will continue but will be deducted from the UC. You will receive fortnightly ESA and monthly UC payments.
Because you are in ESA Support Group you will be entitled to the LCWRA element of UC.
You will not be claiming Housing Benefit. The UC will include an amount called the housing element.

Will you still be living alone or only with other people also receiving a disability benefit? If so then you would get an amount known as the SDP element  added to the UC. However this element is reduced each time any other part of your UC award increases.

if the SDP element is applicable it would be advantageous to move and only claim UC immediately afterwards otherwise the SDP element will be removed when the housing element is added.

Furthermore, if the SDP element does apply you would be better off of the move and UC claim are in mid April or later. That is because the 10% increase in other elements in April will reduce the SDP element if your UC has started before that rise.

Housebound94

calcotti said:

I infer that currently you are living without rent, is that correct?

Your income based ESA will stop 2 weeks after you claim UC.
your income based ESA will continue but will be deducted from the UC. You will receive fortnightly ESA and monthly UC payments.
Because you are in ESA Support Group you will be entitled to the LCWRA element of UC.
You will not be claiming Housing Benefit. The UC will include an amount called the housing element.

Will you still be living alone or only with other people also receiving a disability benefit? If so then you would get an amount known as the SDP element  added to the UC. However this element is reduced each time any other part of your UC award increases.

if the SDP element is applicable it would be advantageous to move and only claim UC immediately afterwards otherwise the SDP element will be removed when the housing element is added.

Furthermore, if the SDP element does apply you would be better off of the move and UC claim are in mid April or later. That is because the 10% increase in other elements in April will reduce the SDP element if your UC has started before that rise.

I am currently not paying rent as I am living at a family members property. The property I am moving into at end of Jan is council hence why wanting to claim Housing Element. I will be living there alone, you mention my income based ESA will stop after I claim UC, then mentioned it would continue but be deducted from my UC? 

poppy123456

Housebound94 said:

calcotti said:

I infer that currently you are living without rent, is that correct?

Your income based ESA will stop 2 weeks after you claim UC.
your income based ESA will continue but will be deducted from the UC. You will receive fortnightly ESA and monthly UC payments.
Because you are in ESA Support Group you will be entitled to the LCWRA element of UC.
You will not be claiming Housing Benefit. The UC will include an amount called the housing element.

Will you still be living alone or only with other people also receiving a disability benefit? If so then you would get an amount known as the SDP element  added to the UC. However this element is reduced each time any other part of your UC award increases.

if the SDP element is applicable it would be advantageous to move and only claim UC immediately afterwards otherwise the SDP element will be removed when the housing element is added.

Furthermore, if the SDP element does apply you would be better off of the move and UC claim are in mid April or later. That is because the 10% increase in other elements in April will reduce the SDP element if your UC has started before that rise.

  you mention my income based ESA will stop after I claim UC, then mentioned it would continue but be deducted from my UC? 

Your Income Related ESA will continue for 2 weeks and then stop. Any contributions based ESA you're receiving will continue (£117.60/week) but it will be deducted in full from any UC entitlement.

Housebound94

Is there any way I can be penalised just claiming UC as its not a voluntary migration its just me claiming UC for the purpose of being able to get Housing Element? Ive read something regarding transitional protection? So that people are not minus money when they claim UC from legacy benefits? Guessing when Ive submitted my UC claim Id just have to write in the journal regarding my ESA SG and SDP entitlement 

calcotti

Housebound94 said:.., you mention my income based ESA will stop after I claim UC, then mentioned it would continue but be deducted from my UC? 

Apologies, that was a typing error which I have now corrected. The second part should refer to contribution based ESA.

Housebound94 said:?..Ive read something regarding transitional protection? So that people are not minus money when they claim UC from legacy benefits? 

That refers to ‘managed migration’ when DWP require you to claim UC without any change of circumstances. That is not your situation.

Housebound94 said:

Guessing when Ive submitted my UC claim Id just have to write in the journal regarding my ESA SG and SDP entitlement 

Yes, you should highlight the ESA Support Group when you have your UC claim open.

As per my earlier post you will be entitled to the SDP element but if you have claimed before taking on your tenancy the SDP element will be removed when you add the housing element. If you only claim after moving you will get both the SDP element and the housing element (but the SDP element will reduce in April when other parts are increased). This last bit assumes that you still meet the eligibility for SDP in your new home and will still be living alone or with someone who also gets a disability benefit.

poppy123456

Housebound94 said:

Is there any way I can be penalised just claiming UC as its not a voluntary migration its just me claiming UC for the purpose of being able to get Housing Element? Ive read something regarding transitional protection? So that people are not minus money when they claim UC from legacy benefits? Guessing when Ive submitted my UC claim Id just have to write in the journal regarding my ESA SG and SDP entitlement 

As it's not managed migration then you won't receive transitional protection like those would with managed migration, so you will be slightly worse off. It's what's known as natural migration, when a change of circumstances prompts a move.

As calcotti mentioned above, you'll be entitled to SDP transitional protection (SDP TP) once you claim UC. However, this won't fully cover the SDP amount. As your UC will include the LCWRA element then the SDP protection will be £120/month. However, as calcotti advised above, this will erode over time so if other elements increase the SDP TP will decrease. So in April when benefits increase by 10.01% yours will remain the same because as other elements increase the TP decreases.

Housebound94

Is me moving address classed as a change in circumstances because Id need help with the rent which means claiming UC… I think staying on legacy IR ESA Id be worse off because I wouldnt get any help towards rent and it would have to be paid out my ESA 

poppy123456

Housebound94 said:

Is me moving address classed as a change in circumstances because Id need help with the rent which means claiming UC… 

You’ve answered your own question. Yes because you need to claim for help with the rent. New claims for housing benefit are no longer possible unless you’re either living in supported or temporary housing. 

Housebound94

Made my UC claim today and submitted it, Ive been given a biographical phone appointment Friday. Do I need to make ESA department aware of my claim for UC

poppy123456

Housebound94 said:

Do I need to make ESA department aware of my claim for UC

No, they will already be informed. Your full ESA will continue for 2 weeks. You can put a note onto your journal and tell them that you're in the Support Group for ESA but they may still ask for a fit note as part of the new claims process. It can take a few weeks for your details to be sent from ESA to UC.

Housebound94

poppy123456 said:

Housebound94 said:

Do I need to make ESA department aware of my claim for UC

No, they will already be informed. Your full ESA will continue for 2 weeks. You can put a note onto your journal and tell them that you're in the Support Group for ESA but they may still ask for a fit note as part of the new claims process. It can take a few weeks for your details to be sent from ESA to UC.

Due my next ESA payment week today would that be my last? 

poppy123456

Your contributions based will continue (£117.60/week) it's only the Income Related that stops after 2 weeks.

calcotti

Your UC should include the SDP element but, as advised previously, if you can’t help with rent now when you later claim the housing element the SDP element will be removed.

poppy123456

calcotti said:

Your UC should include the SDP element but, as advised previously, if you can’t help with rent now when you later claim the housing element the SDP element will be removed.

Good point, which you did previously advise. OP said they're not moving until end of Jan so claiming UC could have been a big mistake. I didn't realise they were going to claim before they moved house, otherwise i would have advised them not to.

calcotti

Thinking further. As long as the tenancy starts before the 8th February and can be reported by then it will commence within the first assessment period so OP will get both housing element and SDP element.

Housebound94

calcotti said:

Thinking further. As long as the tenancy starts before the 8th February and can be reported by then it will commence within the first assessment period so OP will get both housing element and SDP element.

Yes was made aware of this, need to login to my UC account report a change of circumstances and input my housing tenacy etc and as you said before 8th Feb

Housebound94

calcotti said:

Thinking further. As long as the tenancy starts before the 8th February and can be reported by then it will commence within the first assessment period so OP will get both housing element and SDP element.

Actually my tenacy for the council property started on the 17th October 2022, but the council have been doing work to it upgrading heating,replastering etc. I am still living at a family members property until the 30th Jan but my tenacy is live.

calcotti

Are you paying rent at the moment or is the rent liability suspended?

Housebound94

calcotti said:

Are you paying rent at the moment or is the rent liability suspended?

My family are covering the rent at the moment until I've had the last bit of work completed just before 30th Jan, didn't think I could claim Housing Element for a place I'm not currently living at

calcotti

Off topic but it seems unreasonable that you are paying rent for a property that is not fit for habitation.

In a case when you move out of your home in order to have repairs done you can be treated as still occupying it. However I think you are probably correct that cannot be treated as occupying it if you haven’t yet occupied it.