Migration to Uc from TC — Scope | Disability forum
If we become concerned about you or anyone else while using one of our services, we will act in line with our safeguarding policy and procedures. This may involve sharing this information with relevant authorities to ensure we comply with our policies and legal obligations.

Find out how to let us know if you're concerned about another member's safety.
Please read our updated community house rules and community guidelines.

Migration to Uc from TC

berry61
berry61 Community member Posts: 13 Listener
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

Comments

  • poppy123456
    poppy123456 Community member Posts: 52,190 Disability Gamechanger
    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. 


    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.
  • berry61
    berry61 Community member Posts: 13 Listener
    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
    poppy123456 Community member Posts: 52,190 Disability Gamechanger
    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. 
    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.
  • berry61
    berry61 Community member Posts: 13 Listener
    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
    poppy123456 Community member Posts: 52,190 Disability Gamechanger
    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. 
    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.
  • berry61
    berry61 Community member Posts: 13 Listener
    Your an absolute star poppy123456 Ghana you so much for your advice its helped us enormously 
  • berry61
    berry61 Community member Posts: 13 Listener
    Meant thank you so much 
  • poppy123456
    poppy123456 Community member Posts: 52,190 Disability Gamechanger
    You're very welcome.  :)
    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.
  • berry61
    berry61 Community member Posts: 13 Listener
    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
    poppy123456 Community member Posts: 52,190 Disability Gamechanger
    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. 
    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.
  • berry61
    berry61 Community member Posts: 13 Listener
    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
    berry61 Community member Posts: 13 Listener
    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

Brightness

Complete our feedback form and tell us how we can make the community better.

Do you need advice on your energy costs?


Scope’s Disability Energy Support service is open to any disabled household in England or Wales in which one or more disabled people live. You can get free advice from an expert adviser on managing energy debt, switching tariffs, contacting your supplier and more. Find out more information by visiting our
Disability Energy Support webpage.