Joint ESA claim migration to UC

leanney212

Hi,
just wondered if anyone can help? I received my migration notice in the post two days ago. I’ve already filled out the relevant info and applied for UC.
my question is, Me and my Partner claim joint income related ESA and are in the support group. The claim is in my partners name and I’m an add on. I receive high rate daily PiP and mobility so I get the enhanced disability add on, on ESA. UC are now saying I need a work capability assessment even though I’m on a joint claim and poorly myself. Does this seem correct?

Many thanks.

poppy123456

Yes, that's correct. The ESA wasn't actually a joint claim, you were named on your partners claim and it's your partner that's in the Support Group and not yourself. Unless you've been through a work capability assessment yourself already.

Your PIP award is irrelevant for UC and doesn't automatically entitle you to Limited capability for work.

Does you partner claim a disability benefit their self such as PIP daily living or DLA mid/high rate care?

leanney212

Thanks for reply. My partner also gets Pip at standard for both. Will our payments we were receiving be the same in 3 weeks time when we officially move over? :-( - we were getting quite a bit more as I had the severe disability rate add on for me.

I was on ESA for years and for some reason when we moved home 5 years ago we went onto a joint claim.

Many thanks

leanney212

sorry not severe, it was the enhanced rate add on for ESA for myself.

poppy123456

Enhanced disability Premium is automatically paid when in the Support Group claiming Income Related.

As you're both claiming daily living PIP then it should be the Severe Disability Premium that's included, assuming no other adults live with you unless they are also claiming a qualifying disability benefit or are registered blind.

Are you claiming carers allowance for looking after your partner or is the SDP couples rate?

If your ESA continued as a credits only claim then that award will apply for UC and you won't need to go through another work capability assessment.

leanney212

The SDP is couples rate on our ESA claim.

Not sure what happened with my old ESA claim, I was just put on a joint claim with my partner. I do remember that our NI credits ran out so we went onto income related.

Many thanks

:)

poppy123456

Thank you for that information about the SDP. Your NI credits do not run out when claiming any ESA. As your partner was the main claimant then he would have been receiving class 1 NI credits.

You need to find out if your NI credits continued when your ESA claim ended, they should have. If they did then the group you were in for this will apply to UC and you won't need to go through another WCA.

If they didn't then after you receive your first UC payment you can claim carers element for looking after your partner. This will mean you will not have any commitments as a carer. The reason you need to wait for the 2nd assessment period is because if you claim it now then this will affect your Transitional Protection.

Too late now but I would have personally waited until the last minute to claim UC due to your couples SDP in ESA.

leanney212

So after I receive my first payment in October I then have to claim Carers element?

I have been writing notes on the journal to tell them I receive High rate Pip and am bed bound. I’m not sure they’ll believe me if I say I’m his Carer :-(

if I waited until December to migrate over I’d still be in the same scenario. They said I’ll get my transitional payment till January….but surely it carries on if nothing changes! I’m just so stressed about it all.

Thanks for helping me. :( x