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Old style ESA & tax credits

mason50

Hi ,
I get the old style ESA with SDP , tax credits & pip but haven’t been asked to move over to UC as yet , it’s causing me more anxiety just waiting for the letter . When moving over to UC will I definitely get it or could they refuse me . Thanks

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poppy123456

You will be entitled! If you're in the Support Group for ESA then you'll be entitled to the LCWRA element of UC from the start of your claim. You won't be any worse off when you claim because there will be Transitional protection in place to make sure you're not worse off.

There's also a full guide that i wrote here. https://forum.scope.org.uk/discussion/110560/uc-managed-migration-guide#latest

mason50

Thank you poppy. The wait for the letter has caused my anxiety to get so bad I was over thinking it because I thought they might refuse me to claim UC

poppy123456

You're welcome. Claiming SDP means at least part of your ESA is Income Related so there will be entitlement to UC for sure!

The only thing to be aware of is any Transitional Protection you're entitled to will erode over time. This means that if other elements increase or you become entitled to other elements the TP decreases, until such a time it erodes completely.

When you're invited to claim you must do so no later than the date in the letter. If you claim after that date then your existing benefits will end and you will lose entitlement to any possible TP.

When you do receive the letter if you need some help and advice please do post back here and i'm sure someone will advise you.

mason50

thank you so much. My child is turning 16 in 4 weeks but is staying on in full time education until the age of 19. I know I won’t have to have an assessment for UC when I change over because of the LCWRA so if I’m correct will it just be a switch over once I apply for UC when my letter comes ?

poppy123456

Yes, you will be entitled to the LCWRA element from the start of your claim. You will of course need to claim UC yourself as it’s not automatically done for you.

If any part of your ESA is contributions based then this will continue but be deducted in full from any UC entitlement.

Do be aware though that if your child remains in full time non advanced education for the next few years then the child element will end on 1st September following their 19th birthday. It’s different to Tax credits.

mason50

Is the child element that replaces child’s tax credits on UC ? She will be going to sixth form next September

poppy123456

Yes, that's correct. For UC you'll be entitled to the standard allowance, LCWRA element, child element and any other additional elements such as housing element, which replaces housing benefit.

UC is one benefit made up of many different elements and it's paid monthly.

mason50

I’m so used to getting my tax’s credits weekly and ESA every 2 weeks I’m going to start from now to sort my direct debits out so when I do change over to UC I know what days my bills comes out on a monthly basis .

WhatThe

H i Mason,

I can't provide a link but the UC migration rules make clear that you must apply by - not on - the decision date which means the day before.

mason50

Yes please thank you

poppy123456

WhatThe said:

H i Mason,

I can't provide a link but the UC migration rules make clear that you must apply by - not on - the decision date which means the day before.

That's not correct. "By" means exactly that, by the date in the letter. If it was the day before then that would mean less than 3 months and the deadline must not be less than 3 months from the day the notice is issued. If you don't claim by that date your legacy benefits will end the following day. For tax credits, those will end the day before the deadline.https://www.citizensadvice.org.uk/benefits/universal-credit/before-you-apply/moving-to-universal-credit-from-other-benefits/

More information here. https://revenuebenefits.org.uk/universal-credit/guidance/existing-tax-credit-claimants/managed-migration/notices-and-letters

The same applies to PIP and WCA forms, when the letter says it needs to be returned "by" X date, this doesn't mean the day before that date.

DWP also have discretion to allow that date to be extended.

poppy123456

mason50 said:

I’m so used to getting my tax’s credits weekly and ESA every 2 weeks I’m going to start from now to sort my direct debits out so when I do change over to UC I know what days my bills comes out on a monthly basis .

You can ask to be paid twice a month. This is known as an alternative payment arrangement. (APA) It means your monthly payment will be split into 2 separate payments. It used to apply to Scotland only but now you can request it regardless of where you live. See link for more information. https://www.entitledto.co.uk/help/universal-credit-alternative-payment-arrangements

mason50

Thank you for letting me know

mason50

You are all such a huge help thank you

poppy123456

One thing that i should point out is that if you receive the migration letter within 3 months of the benefits increase next April, you should not claim UC until after the increase. This is because you'll no doubt be entitled to some TP because of the SDP in your ESA but when benefits increase next year, you will not see those increases if you claim before the increase because the TP will erode as other elements increase, so you won't be any better off.

Your ESA and housing benefit (if you claim it) will also continue for 2 weeks once you've claimed UC.

mason50

thank you for telling me

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