Moved from ESA to UC

pollygon

I got married in 2019 my new husband obviously moved in with me. I was on ESA long term and due to change in circumstances (hubby moving in)we had to apply for Universal credit. I was put onto lcw however since then I have constantly been asking should I have not been placed on LCWRA as I had been signed off for many years or will this ever happen. I just get told no you’re on the correct amount. I don’t think I am. I have to go to the Jobcentre for appointments now and keep being asked about working in the future. My illnesses are only getting worse as time goes on not better seems odd they are pushing me to possibly look for work. Should I have been given lcwra? I don’t have to provide any sick notes. 

poppy123456

Being off work for many years doesn't give automatic entitlement to LCWRA. When you were claiming ESA which group were you in?

If you were in the Support Group and you claimed UC while still claiming ESA then you should have been entitled to the LCWRA element from the start of your claim.

If you were in the WRAG then the LCW is correct.

For LCW you're not expected to look for work but may need to prepare for work in the future. (attend work focused interviews) What is expected of you will depend on your claimant commiments.

calcotti

Getting married shouldn't have stopped your ESA unless he was already on UC.

pollygon

I believe I was in the support group. I will have to try dig out some paperwork to check. I was on benefits and my husband was working he moved in with us and I was told to apply for joint universal credit claim which then took me off ESA. I have queried the lwc since as I didn’t think was correct thought I should have been put on lwcra. First time I queried I was told there was an issue on the system and information wasn’t being pulled through correctly and they would sort. I never heard back and forgot about it. But chased months later when realised and I was just told I was on the correct amount. So many times we have been told the wrong information. We were told wrong on my son as a dependent when he was reaching a certain age etc which resulted in an overpayment even though I kept checking with them what they were telling us was correct as I didn’t believe it was - it wasn’t! Also I was never informed that if your child was on high rate dla you got a higher disability element I only thought there was a flat rate. I have since queried this as I believe I was paid incorrectly for 2 years and they have sent to decision maker as to whether they will agree to pay what we should have got. Been waiting since April so no idea how long that will take either. It’s so difficult to trust them as I don’t think half of the UC staff are trained correctly. 

poppy123456

How much ESA were you receiving every fortnight when you were claiming it? This will tell us which group you were in.

For the higher disabled child element your child must be claiming high rate care DLA. Are you claiming carers element for looking after your child?

calcotti

pollygon said:

I believe I was in the support group. I will have to try dig out some paperwork to check. I was on benefits and my husband was working he moved in with us and I was told to apply for joint universal credit claim which then took me off ESA. 

Assuming that you were not on new style ESA (because you said he had been on ESA a long time) you have staying on ESA. However UC may well pay you more than you would have got on ESA depending on your joint finances, especially as he works.

pollygon

I’ve looked it was £274.20 fortnight then started getting carers allowance and it went down to £147.10. 

poppy123456

I can't work out what that £274.20 will include. Did your ESA include the Severe disability premium? Did your ESA claim start before April 2017 (i assume so because you said you were claiming it for a long time)

calcotti

pollygon said:

I’ve looked it was £274.20 fortnight then started getting carers allowance and it went down to £147.10. 

What year do those figures apply to? I can't match them to anything. Nor can I see how receiving CA could, on its own, decrease your ESA by £63.55/week.

pollygon

Jan 2019 then carers etc was May 2019  onwards I’ve tried to match them with rates too and can’t work it out. I think I need to trawl through old paperwork and have a look. 

poppy123456

Those figures aren’t from Jan 2019 because the can’t match them up to any rates at that time. 

Finding the paper work will help. If you can’t find it you can request all your information from ESA during a certain timeframe. They will then send you all the information they hold. https://www.gov.uk/guidance/request-your-personal-information-from-the-department-for-work-and-pensions

pollygon

That’s great thanku everyone for your thoughts I will look for paperwork try figure it out.

L_Volunteer

Have you managed to find the paperwork yet @pollygon? If so, I am wondering how this has gone for you and if you have managed to figure it out or if there's anything we can do to help you 

2wineswitheverything

Hi there my partner is 66 he retired last year so because we are a mixed age couple we have to claim I credit that's fine now my partner has received the universall credit 50 capability for work questionnaire he is now being played the state pension universal credit take more than he gets something about state pension is played 4 weekly and uc is played monthly. 

poppy123456

2wineswitheverything said:

Hi there my partner is 66 he retired last year so because we are a mixed age couple we have to claim I credit that's fine now my partner has received the universall credit 50 capability for work questionnaire he is now being played the state pension universal credit take more than he gets something about state pension is played 4 weekly and uc is played monthly. 

UC is a monthly benefit. State pension is weekly but paid 4 weekly. There will be one month in the year where he will receive 2 payments of state pension.

To work out the monthly payment for the UC deductions you times the weekly SP by 52 and then divide by 12. If he receives full state pension of £203.85/week then the deduction from UC will be £883.35/month.