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Contribution ESA and UC

Klou96

Hi,

This is only my second post on here so go easy on me 😂

Ive been in the support group for contribution ESA since 2021. I gather reviews usually happen around the 3 year mark which I have now surpassed so im kinda waiting for the forms to drop.

We went to claim for UC (I live with my partner who works full time) back in the middle of 2021 (it isnt a major amount of money but enough to help us out a little), 3 months or so after my WCA, and my job centre left me in tears saying they would have to do another WCA and I would have to issue fit notes (baring in mind id spent all of 2020 chasing my GP for fit notes for the CBESA assessment!). I withdrew my claim because 5 people at my job centre insisted I would have to have another WCA and issue fit notes, and when I posted it in my journal, I was again told id have to have another assessment.

Its my understanding that under regulation 19, they cannot do this? CAB have advised me the same but I wondered if anyone on here had any experiences they could share? Its now 2 years later and we are struggling financially and could really do with the UC top up to help with rent.

I also wanted to query, would a UC claim possibly trigger my review for CBESA? I know there are huge backlogs (not sure if some are still suspended or not). I know they are 2 separate benefits and governmental departments but Im worried if I refuse a WCA under UC, theyll just trigger the CBESA one. For the record, I have no issue being reassessed but I am conscious that if they reassess me and put me in the WRAG, ill completely lose my CBESA because itll have surpassed the year for which you can claim!

So im effectively left in limbo. If my understanding is correct and they were to follow the rules, it should be as simple as putting me straight in the support group for UC. But if they decide to fuss over it and/or trigger a reassessment, I could lose my CBESA and end up with LESS on UC?

Any advice would be greatly appreciated!

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Comments

poppy123456

That’s shocking advice you had there from UC and as usual, it’s not correct.

If you claim UC you will be entitled to the LCWRA element from the start of your claim. You will not need another work capability assessment.

The ESA will be deducted in full from any UC entitlement.

As you live with your partner you will need to claim as a couple. If you have savings/capital of more than £16,000 you’re excluded from claiming.

You and your partner will have the work allowance which is £404/month. This means that you can receive that amount of earnings each month before any deductions apply.

LCWRA/Support Group are ongoing awards until a new decision says otherwise. Reviews for most people in those groups are still suspended so it’s unlikely you would be reviewed for a while.

Use a benefits calculator to check entitlement. If it shows entitlement once you claim and have access to your journal, put a message on their and tell them that you’re in the Support Group for ESA. Please do not provide a fit note, even though it will automatically ask you for one.

Klou96

https://forum.scope.org.uk/discussion/comment/878038#Comment_878038

Thank you for your response Poppy!

UC were very forceful when I applied in 2022, every single person at the job centre was rude and just wanted to push me out the door. I was even called a ‘liar’ at one point. I braved calling the helpline this afternoon and the guy on the phone said I do NOT need a new WCA and that is should be passported over.

Ive just spent all afternoon filling in the claims for me and my partner. The savings aspect doesnt affect us as we dont have £16k. The work allowance I wont worry about too much as I know his earnings arent much (just a little over minimum wage), and its all sorted automatically anyway.

I wonder if you perhaps know, if I do manage to get a claim going with UC, will I then have WCA assessments separately (one under UC and one under ESA) or will it all be done under ESA? The system is so baffling to me and I am finding it such a minefield, especially when the job centre staff dont seem to be aware of their own policies regarding CBESA (not that im shocked in the slightest).

I am really concerned this may trigger my review for ESA (if they reassess and take it away, even under UC, we would be down £300 a month). I reach the 3 year mark in the support group in September this year so do I still have the right to say ‘no’ to UC doing a WCA assessment if they insist because im so close to an ‘end of award date’? Some of these questions I have may be coming across as completely dumb but after 3 hours of sorting and sifting through information, I am fully drained.

And do they have the right to close down my claim if I refuse to send in a fit note? Again, this was something I was told would happen by job centre staff in 2022.

My journal is showing ‘submit fit note’ but its also coming up that I dont have to look for jobs or complete work related activity under the ‘work plan’ tab. It also says theyve found a record of me claiming ESA, so that will be deducted from any payments (which is fine and we already knew that). But in the second breath, somewhere within the journal, it said I may have to prepare for a WCA!

Honestly I cant wait to crawl into bed tonight! Im a bit of a lurker on here, I pop on occasionally and always see you giving great advice so im pleased you could offer it to me. Thank you!

poppy123456

You’re welcome. The WCA process for both ESA and UC are the same. When claiming both benefits you will only have one and I believe that will be done through UC.

As I advised in my previous comment reviews are suspended for those in Support Group/LCWRA so it’s unlikely to start a review. My last review for my ESA was 2020.

Just so that you’re aware in normal times a review can be anytime from 3 months so it’s not 3 years as you suggested. There’s not really any maximum time between reviews.

It’s great that it already says they’ve found your ESA details especially this quick. This means you can continue to ignore the report a fit note request because that isn’t needed.

You will have no work commitments because you’ve been found to have LCWRA.

Are you claiming a disability benefit such as PIP/ADP daily living or DLA mid/high rate care?

In the meantime I would advise you to consider putting in a complaint about the way you were treated back in 2022. After all, if you were given the correct advice at that time then you may have been entitled to some UC.

Your first UC payment will be 1 month and 6 days after submitting your claim. You can request an advance payment but this will need to be repaid back and your future UC payments will be reduced.

Klou96

https://forum.scope.org.uk/discussion/comment/878154#Comment_878154

Ive literally just finished a PIP review (it took a whopping 328 days from forms arriving to a decision, yes, I counted!😂) and been reawarded enhanced daily living and standard mobility for another 6 years (first award was only 4 years). They managed to do it entirely paper based which completely flawed me given I didnt have much in the way of evidence. I worry I may not be so lucky with a WCA (even though my first one was literally a 15 minute phone call!!).

Going to give it a few more days, I dont want to get my hopes up that it may be a glitch. My partner still needs to go and prove his identity, I expect things will move more after that. But the fact the work plan tab says it was updated today by an agent to say not to look for work, I dont remember that being the case the last time. I will ponder a complaint (I do love a good rage letter writing session, especially in relation to disability benefits). We are sad that everyone received so much in cost of living payments that wouldve helped us massively, which we never received, purely because of my fear and anxiety.

Klou96

https://forum.scope.org.uk/discussion/comment/878154#Comment_878154

also another quick question: will I have to inform ESA that I have started claiming UC or will they do that? Only I know a CoC can be when you start claiming a new benefit

poppy123456

Yes, PIP reviews have extremely long delays. Your timescale was actually quite quick compared to some I've heard of.

As your PIP includes the daily living part your partner can claim carers element of UC for looking after you. There's no earnings limit to this like there is with carers allowance and you don't need to claim carers allowance to be entitled to carers element. (assuming no one else is claiming either of those for looking after you)

To claim it they need to log into their journal and report a change of circumstances. From this list look for "caring for someone" then report caring for you for at least 35 hours per week, which I'm sure they do as you live together. This will increase your maximum UC entitlement by £198.31/month. As a carer they will also have no comments.

You do not need to report any changes to your ESA because UC doesn't affect it. Your ESA isn't means tested.

Klou96

https://forum.scope.org.uk/discussion/comment/878187#Comment_878187

My mum already gets carers allowance for me unfortunately. My partners work hours can be here, there and everywhere, my mum and me are fortunately on the same timescale. But thank you! Its handy knowledge if mum ever decides to give it up (she isnt getting any younger!).

Thank you so much for your advice. I am hoping with the way it is on my journal, itll stay that way.