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Should I claim ESA before UC migration

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wonkycrew2024
wonkycrew2024 Community member Posts: 4 Listener
Hi
My husband and I both get PIP/ADP

We both get Carers Allowance

We are both self employed

Our savings are in the 6-16k brackets

We currently get WTC with the disabled worker element included for each of us.

My husband gets 114 a month pension

We are both below state pension age, no children at home, no housing related costs involved.

We haven't had our migration letter yet but understand our region ( from reading rightsnet) will be next month.

I have done loads of reading to understand it all and I thought I'd got my head round it all.

However, I read a document yesterday that said that if a claimant isn't on ESA when UC migration happens , they get the standard allowance because the disability worker element of WTC isnt carried over, we both have to have the WCA ( not an issue) and then will have the outcome included ie LCW. It then says that because any disability adjustments are made to the payment amount, this is classed as a 'new element '  and will mean the transitional element will stop. 

So I was trying to work out if applying for new style ESA now was the solution? I wasn't sure if it was possible to have WTC and ESA at the same time. I'm kind of thinking not from my research.

We will be pretty much on nil UC after the transitional year so really needed the 12 months worth. We both earn under the Carers Allowance limit each week and get 278 per week WTC. 

My disability/work is a lifelong situation. For my husband he has an ADP review in March 2025. 

Hope that makes sense. Thanks in advance.



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Comments

  • poppy123456
    poppy123456 Community member Posts: 57,132 Disability Gamechanger
    edited January 20
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    You would need to be found to have LCWRA to be entitled to extra money from the 4th month of your claim. Only one of you would need to go through the assessment anyway because only one element can be received per claim. 

    Your carers allowance would be deducted in full from any UC entitlement. You will need to make sure you report being a carer and then your UC will include 2 carers elements.

    However if one of you were found to have LCWRA then the same person can’t receive the carers element at the same time and the higher element is paid, which would be the LCWRA element. This means your UC would eventually include 1 carers element and 1 LCWRA element. (If entitled to it) PIP or ADP doesn’t automatically entitle you to that. 

    Transitional Protection doesn’t just last for 12 months. It’s lasts for as long as you remain entitled to it but it does erode over time as you correctly mentioned. 

    As for claiming New style ESA this is an overlapping benefit with carers allowance so you can’t receive the full amount of both benefits at the same time. Not only that the work capability assessment could take quite a few months. 

    There will also be a deduction for your partners pension (£1 for £1) and a £4.35/month deduction for every £250 or part there of over £6,000. 

    Whether you’re entitled to transitional protection through managed migration will depend on the figures for both benefits. Some are entitled and some won’t be. 

    You can use a benefits calculator to check entitlement to UC now but it would be very difficult to compare the figures for that and what you maybe entitled to if you wait for managed migration. 
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • wonkycrew2024
    wonkycrew2024 Community member Posts: 4 Listener
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    Thank you. That's incredibly helpful. I have more serious issues which means working is difficult so I would put myself forward in the circumstances you describe. I've read the assessment criteria and will ( well, in theory should) be assessed as LCWRA if not LCW.

    I had forgotten it carries on past the 12 months for some reason and then erodes. 

    I think I'm just very worried that we will end up with a big financial hole at some point because there's something I could be doing in preparation. I've researched almost obsessively to try to get it right and I've been a bit thrown by what I read. 

    Ive tried the benefits checkers a few times but nothing quite shows it exactly as it might be.

    It's all a bit awful really. I used to have a senior management role and now work a few hours a week at home self employed because of mobility and pain issues. Mentally I feel so disengaged but that's something separate to this question.

    Thank you again. I appreciate it.

  • poppy123456
    poppy123456 Community member Posts: 57,132 Disability Gamechanger
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    You're welcome. It doesn't just erode after the 12 months. It can erode from your 2nd payment. The 12 months you're thinking about are for those that have more than £16,000 in capital and are migrating from Tax credits.

    If you're found to have either LCW or LCWRA then you will also have the work allowance. This means you can receive a certain amount of earnings each month before the 55% deductions apply. See link. https://www.gov.uk/guidance/universal-credit-and-earnings

    One other thing to point out. When you do claim UC please both make sure that you report being a carer for each other. This will also mean that neither of you will have any work commiments. 

    Although as self employed you will be expected to attend your local job centre for a gateway appointment to discuss your self employed work, when you first claim UC.

    Please also make sure that you report your health condition when you claim and provide a fit note within 7 days of that. You will then be referred for the work capability assessment. You must make sure you continue to provide fit notes without any gaps until a decision is made on the WCA. It is definitely worth going through this because of the work allowance if found to have LCW/LCWRA.

    When you do eventually claim, if you need anymore advice please do come back and i'm sure someone will be happy to advise you further.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • wonkycrew2024
    wonkycrew2024 Community member Posts: 4 Listener
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    Thank you. Very helpful to have all the areas I need to think about and remember in one place.
  • Albus_Scope
    Albus_Scope Posts: 5,661 Disability Gamechanger
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    Heya @wonkycrew2024 (I'm loving that name) and a big welcome to the community!

    I can see you've already received help from our super smart regulars, but I just wanted to stop in and say hi.  If you need anything else, please don't hesitate to ask. :)
    Albus (he/him)

    Online Community Coordinator @ Scope

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    Opinions expressed are solely my own.
    Neurodivergent.
  • wonkycrew2024
    wonkycrew2024 Community member Posts: 4 Listener
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    Thank you , you've been very welcoming and helpful.
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