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Esa to uc

lisa181818

Hi looking for some advice my in laws have got a letter from esa to say they are stopping on the 1st June as my father in law’s pension starts so they have to move over to uc. They are both in the support group so will they automatically get lwrca ? Thanks

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poppy123456

They will be known as a mixed aged couple. As it’s your father in law that’s reaching state pension age and the ESA is stopping then he will be the main claimant. There’s no such thing as a joint ESA claim. Your father in law will be receiving extra money for their partner.

They will need to make sure they start a claim for UC before he reaches state pension age. When he does this he will be entitled to the LCWRA element from the start of the claim.

If he doesn’t claim UC before reaching state pension age then he will need to go through the work capability assessment again and wait 4 months for the LCWRA element to be paid (if awarded)

Any state pension he receives will be deducted in full from any UC entitlement.

If they are claiming for help with any rent through housing benefit this will end 2 weeks after they claim UC. Any Income Related ESA he’s claiming will continue for 2 weeks and then stop. If any part of the ESA is contributions based this will continue until he reaches state pension age but it will be deducted in full from any UC entitlement.

Is your father in law claiming a disability benefit such as PIP daily living or DLA mid/high rate care?

lisa181818

Hi I’m not fully sure of what all they get my mother in law said they have a joint claim with esa and they get housing benefits and also both get pip not sure what rate. I will double check with her. Thanks

poppy123456

Does the ESA include Severe disability premium? If so is this single or couples SDP? Difficult to give the correct advice without knowing all the details. Are either of them claiming carers allowance?

lisa181818

Hi sorry was checking details with her she said they don’t get sdp and no carers allowance all they get is the esa, housing benefit and pips. And she made a mistake the esa claim ends on 10/05/23 so if I got her to do the uc claim next weekend would the lwrca still automatically go on ? Thanks

poppy123456

Do they live with any other adults or just the 2 of them? If it’s just the 2 of them does their PIP include the daily living part?

Sorry for the questions but without all the correct information I can’t give the right advice.

If it’s just the 2 of the at home and their PIP includes daily living then their ESA should include couples SDP.