Migration to Uc from TC

berry61

Hi everyone, I'm a new member to the forum. I have completed application from WTC to UC 2 weeks ago and I get to know what myself and my wife will be awarded on the 28th February. We both work with disabilities but only part-time and are both in receipt of the standard daily living and standard mobility element of PIP. We do care for each other as no one else lives in our household but we've never claimed for any carers allowance. I myself will be having a shoulder operation on the 16th March so I expect to be claiming ssp for a long time maybe the full 6 months allowance, and I may not be able to return to work after this period as my work is a heavy manual job with no alternative to light duties etc. Would I be allowed to claim Esa once I hand in a sick note or is this Don automatically and if so would I be eligible for this to continue after the 6 months that my employer pays me ssp

poppy123456

To claim New style ESA you will need the correct NI contributions from Tax years 2021/22 and 2022/23. 

You can start a claim 3 months before the SSP ends but you can’t be paid anything until SSP ends. You need to claim it yourself as it’s not automatically awarded. You will need your SSP1 form and a fit note to claim it. 

There’s no financial gain to claiming ESA with UC as it’s just deducted in full from any UC entitlement. However, it’s still worth claiming it if entitled because it’s not means tested like UC is. 

As you’re both claiming daily living PIP have you each reported being a carer? You will be entitled to the carers element of UC each, providing you care for each other for at least 35 hours per week. If you haven’t then you should do that. Theres no earnings limit to this like there is with carers allowance. 

You can also report your health condition and provide a fit note within 7 days of that. You will then be referred for a work capability assessment usually on day 29 of your claim but can be later. 

However, if found to have LCWRA then you won’t be able to claim carers element at the same time because the same person can’t receive both elements. 

Do also be aware that if your UC includes any Transitional Protection then this does erode over time so if other elements increase or you become entitled to other elements then the TP will reduce, until such a time it erodes completely. 

berry61

Sorry everyone...I forgot to say I understand that we should get the transitional element when transferring over to UC so we are not any worse off, and this should last for approx 12 months ? But if I claim ssp then I would expect this would be a change of circumstances soothe transitional element protection would stop and we couldn't go back to that if I did return to work ...is that the correct assumption thanks

poppy123456

berry61 said:

Sorry everyone...I forgot to say I understand that we should get the transitional element when transferring over to UC so we are not any worse off, and this should last for approx 12 months ? 

That's not correct. 12 months only applies if you have savings/capital of more than £16,000. If you don't then TP lasts for as long as it lasts, whether this is one month. several months, or more than 1 year. 

berry61 said:

But if I claim ssp then I would expect this would be a change of circumstances soothe transitional element protection would stop and we couldn't go back to that if I did return to work ...is that the correct assumption thanks

SSP is treated as earnings and earnings do not erode your TP. What will erode it is things like being entitled to additional elements and the April increase this year. 

Whether there's any entitlement to TP will depend on the final figures for your Tax credits and what entitlement you to have UC. 

One thing that will erode it is if you go through the work capability assessment and are found to have Limited Capability For Work Related Activity. (LCWRA) This is an extra £390.06/month from the 4th month after you reported your health condition. However, if your UC includes TP this will erode it so depending on the figures you may not be any better off. 

berry61

Thank you poppy123456 for that breakdown.
If after receiving 6 months of ssp and if I was found to have LCWRA, what if I couldn't return to my current job because of its very manual heavy type work,  would my wife then still continue to receive the carers element of UC and I receive the LCWRA. Also what if I was to get a different part time job less physically demanding would ESA still be an option for me. Thanks you

poppy123456

Your wife's carers element is irrelevant to any possible LCWRA element you maybe entitled to. She's entitled to this because she cares for you because you're claiming daily living PIP. 

ESA is a completely different benefit and not part of UC. You can claim this anytime once your SSP has ended providing you have the correct NI contributions in the previous 2 tax years. There's no financial gain as I previously explained but it can be useful in the future so if entitled it's worth claiming it. 

If you did return to work then any potential LCWRA element will continue. There's no maximum amount of hours you can work when claiming UC. More importantly, if you haven't go children on your claim now, if you're found to have either LCW or LCWRA you will 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.entitledto.co.uk/help/work-allowance-universal-credit

For ESA it's different, you can work and claim it and this would be known as permitted work. You must make sure you work less than 16 hours per week and earn no more than the maximum amount of earnings, which at the moment is £167/week. This figure increases each year when the NMW increases. https://www.gov.uk/government/publications/employment-and-support-allowance-permitted-work-form/permitted-work-factsheet

Please note that any figures used will change after the April increase this year. 

berry61

Your an absolute star poppy123456 Ghana you so much for your advice its helped us enormously 

berry61

Meant thank you so much 

poppy123456

You're very welcome. 

berry61

Hi poppy123456, with regards to my operation on the 16th March is it my responsibility to inform UC on my journal change of health circumstances that I'm off work with a fit note, or will they automatically know via my employer once ssp is being paid. Thanks

poppy123456

You should report the changes, just so they know that you're not currently working. Have you reported your health condition and provided a fit note for UC? If not then you should do that. 

berry61

I reported during the migration process that I am due to have the operation on that date 16th March but I am still currently working as normal until I go in hospital. Thanks

berry61

Hi poppy123456 i reported during the migration process that I am due to have the operation on that date 16th March but I am still currently working as normal until I go in hospital so do i just contact UC via changes to health on my journal or will they automatically know this  via my employer once ssp starts with a fit note. Thanks

berry61

Hi hope everyone is keeping well. I'm looking for advice regarding claiming esa for the first time.
We have received our 1st UC payment since managed migration from WTC. Myself and my wife are both in receipt of pip both the standard daily living and standard mobility. We are both receiving the carers element on our UC assessment as well as an amount for transitional protection.

I've just had a major shoulder operation last Saturday 16th March and have a fitnote from the hospital for an initial 6 weeks, but I know after speaking with the consultant the sickness period  will probably be the full 26week term as I'm not allowed to lift anything heavy for a long period and my job involves heavy manual work. 

I've reported the fitnote on my journal with the details of illness etc  and start and end dates, which has been accepted and I've been informed to keep the fitnote in case UC want to see it. What happens next with regards a work capability assessment or when & how do I need to claim esa. If I am successful  claiming esa how would any withdrawal from my personal pension affect any benefits,  I don't take any amount at the moment, I'm 62 and don't receive state pension until 67. We don't have any savings above £2000 as I have reported to UC during the transition.

Thank you for any help with this matter , I just don't want to make any mistakes during the process.

poppy123456

For New style ESA if you’re currently claiming SSP from an employer then you will not be able to claim ESA at the same time. 

If you’re not claiming SSP then you can claim New style ESA but it will be deducted in full from any UC entitlement.

For pensions, if you have weekly/monthly income from a pension it will reduce your UC £1 for £1. Although a pension of up to £85/week doesn’t affect the ESA because of UC it’s pointless having an income from it.

For lump sum pension withdrawals savings of up to £6,000 are ignored for UC purposes. For every £250 or part thereof over this amount your UC I’d reduced by £4.35/month. 

poppy123456

As you have now reported your health condition to UC then you will be referred for a work capability assessment usually from around 29 days later. 

You will then receive the UC50 form in the post a few days later. You will need to make sure you fill it in and return it by the date in the letter.

If found to have LCWRA then you will be entitled to extra money from the 4th month of your claim. However because you’re also claiming carers element for yourself, you can’t receive this and LCWRA at the same time. You will be paid the highest element, which is LCWRA. 

If your UC includes the Transitional protection then you may not be any better off by the LCWRA element being included. It will depend on how much your TP is. 

berry61

Thank you for your quick response poppy123456,  you had already responded to my previous post which was similar to the latest one but with everything that's been going on of late I only realised afterwards.
Take care & thanks for your great advice as usual.