Advise needed for claiming housing help - currently in receipt of ESA

AndyS

Hi, I am in the process of helping a friend. He is 31 years old and is hard of hearing/deaf.

He gets ESA with disability income guarantee and limited capability to work (Support group). Total of roughly £140 per week.

He also gets PIP both mobility and care elements.

He has found a flat to rent but needs to claim housing benefit. From what I have read this will not be possible, he can not get ESA + Housing Benefit. I am confused as I think he now needs to claim Universal Credit.

How do I go about helping him with this? Do I contact ESA and tell them he needs to claim housing or do I help him claim a fresh Universal Credit application?

He recently had to go through medical assessment , will this need to be repeated again or will DWP just keep in support group?

Previously I helped him complete paper application and send this on his behalf as he can not deal with this but I think the new system is all online?

Sorry, there are a lot of questions here but I am lost and any advise or guidance will be superb.

Thank you 

poppy123456

Unless he will be living in either supported or temporary housing then he will not be able to start a new claim for housing benefit. He will need to claim Universal Credit for help with any rent.

If any part of his ESA is Income Related then this will continue for 2 weeks and then stop. If any part of it is contributions based this will continue but be deducted in full from any UC entitlement.

As he's in the Support Group he will be entitled to the LCWRA element from the start of his UC claim. If he'll be living alone and privately renting then he'll be entitled to the 1 bedroom rate of local housing allowance. You can check the amount for that here for the area he will be living. https://lha-direct.voa.gov.uk/ (this is assuming he's either 35 and over or under 35 and his PIP includes the daily living part) You will need to convert that weekly amount to monthly by x52 then divide by 12.

Is he currently living alone or with other adults?

Kimmy87

He will need to apply online for Universal Credit. 

After the claim has been opened, add a note to Journal stating he gets ESA SG. 

It takes a few weeks for ESA to talk to UC, in which time he will probably have had an appointment at a Job Center to confirm his identity and see a Work Coach. It can be a good idea to take along ESA paperwork to this appointment. 

Once ESA have talked to UC what happens is:

The IR part of his ESA stops (with a 2 week run on)
Any CB ESA converts to New Style ESA and is deducted in full from UC award

His ESA status transfers to UC and he won't require another assessment just due to claiming.
In future like most he will be re assessed anyway. 

UC will be paid 5 weeks after claiming, he can get an advance which has to be paid back.

Citizens Advice do offer help with making the UC application
https://www.citizensadvice.org.uk/benefits/universal-credit/claiming/helptoclaim/ 

AndyS

@poppy123456 - Thank you.

Currently he lives rent free with family.

Having looked at his last notification, it says "Payment of ESA is based on your NI contribution records and any additional amount the law says you need to live on." and then it goes on with a calculation, concluding with "Which gives you a total income-related amount"

I believe this means it is income based but partially contribution based too? 

AndyS

@Kimmy87

Thank you for your guidance.

What will a work coach do at the interview, given that he is in support group? 

I read somewhere they make you sign up for work commitments before approving your application and then sanction you if you don't keep to them.

Is this correct or am I reading this wrong?

Thank you 

poppy123456

That doesn’t mean it’s definitely part contributions based. ESA letters are well
known not to make any sense at all. 

AndyS said: 

I read somewhere they make you sign up for work commitments before approving your application and then sanction you if you don't keep to them.

Not always but it can sometimes take a few weeks for ESA to send the details to UC. He needs to do as kimmy advised and put a message onto his journal to tell them he’s in the Support Group for ESA. 

When he moves into his own home he can make a claim for SDP in with his ESA if no one is claiming either carers allowance or carers element of UC for looking after him. Once this is in payment he can claim UC and then he will be entitled to the SDP transitional protection in with his UC. However, doing this would mean there would be a delay in him claiming UC. 

Kimmy87

Unfortunately the ESA letters are notoriously difficult to understand, his payment may be 100% income based, or CB based with an IR top up (the disability income guarantee part).

Did your friend either:
Transfer to ESA from the old Incapacity Benefit
Or
Work for at least two years before claiming ESA? 


I transferred last year from ESA to UC and my work coach didn't know much, started talking about health assessments and fit notes, I stated that I was entitled to LCWRA (ESA SG equivalent) from the start. She consulted a more experienced colleague who confirmed what I had said.

She then switched off everything she could on  the system, but had to book me another appointment in a weeks time. That appointment was then cancelled as my ESA status had gone through to them.

Kimmy87

Unfortunately the ESA letters are notoriously difficult to understand, his payment may be 100% income based, or CB based with an IR top up (the disability income guarantee part).

Did your friend either:
Transfer to ESA from the old Incapacity Benefit
Or
Work for at least two years before claiming ESA? 


I transferred last year from ESA to UC and my work coach didn't know much, started talking about health assessments and fit notes, I stated that I was entitled to LCWRA (ESA SG equivalent) from the start. She consulted a more experienced colleague who confirmed what I had said.

She then switched off everything she could on  the system, but had to book me another appointment in a weeks time. That appointment was then cancelled as my ESA status had gone through to them.

AndyS

Thank you both for above.

I have checked, his parents get career allowance for him. They will continue to provide care for him so I assume the will get this allowance so will he need to claim SDP? 

ie - claim SDP with ESA then apply for UC? ? (if this is applicable?).

poppy123456

As someone claims carers allowance for looking after him then he will not be entitled to SDP. 

Please make sure he checks the LHA rates (if privately renting) before signing any tenancy agreement because if there's a shortfall of rent then he will need to pay that himself.