Deciding not to move to uc

keira

If a person in receipt of esa cb with ir top up does not want to move to uc can they just return the migration notice stating they don't want to claim?

Also when would their income related esa stop and would their contribution based esa change to new style esa at this point or change at a later date?

Nightcity

The income part if you don't make a UC claim would stop on the deadline date of the letter, the contribution part would likely auto transfer around then also.

I've been discussing my own options with my GP, welfare worker,mum and a solicitor friend and just can't decide if UC (for me) is worth apl the stress that has come with it for many I know who migrated from other legacy benefits.

It's been weeks and I still can't be sure, but my mind will be made up for sure by the time that letter turns up.

poppy123456

The Income Related ESA will stop 2 weeks after the deadline in the letter due to the 2 weeks run on.

If you're claiming housing benefit for help with the rent then that will also stop at the same time as Income Related ESA.

Please also remember that we mostly only hear the bad stories. If someone has had a good experience with migrating across they will have no questions to ask so we don't hear their story. The majority of people have no issues when migrating.

If Income Related ESA stops then there will be no automatic entitlement to free NHS treatment but you can apply for the NHS low Income Scheme by filling out the form.

keira

Thanks for replies.

So would it be ok for someone to just return the migration notice stating they don't want to claim?

Also would their contribution based esa change to new style esa at this point or change at a later date?

poppy123456

You don't need to return anything to them, just don't claim UC. Yes, your ESA would revert to New style at the end of the 3 month period and you will receive a letter regarding that. You will at some point during the process receive a phone call to agree to your commitments, which will only be to report all changes.

If you're definitely not going to claim UC then please make 100% sure that your ESA is part CB because so many people think it's part CB when in fact it's all Income Related.

keira

Thanks poppy.

I read that if you don't tell them that you don't want to claim then they start sending reminders, try to phone you etc and if they still don't hear anything from you they then send visiting officers to your door. Apparently it's all part of the safe guarding procedures.

OverlyAnxious

https://forum.scope.org.uk/discussion/comment/913455#Comment_913455

If that's true then it would be best to phone them if possible. I have tried sending letters to ESA before and they either take ages to get to the right person or just ignored/lost altogether.

keira

I guess this is what I was thinking of when I made the comment about the DWP contacting people if they don't claim uc.

https://www.rightsnet.org.uk/forums/viewthread/17989/P195

29 July 2024, 09:44 am#202

Helen Rogers
forum member

Welfare rights officer - Stockport MBC

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Total Posts: 251

Joined: 17 June 2010

From the 3rd Party Guide to Supporting those Moving to UC:-

Additional
contact will be made for all households which are in receipt of Employment
and Support Allowance and Income Support Many of these households will also be in
receipt of Housing Benefit and so will benefit from this additional support in making a
claim for Universal Credit
These
households will receive a text at week 12 to advise them that DWP will be
phoning them Three attempts (on different days) will be made to contact the household
to offer support
Where
no contact is made, DWP will refer ESA households for a home visit For Income
Support customers, legacy systems will be checked to identify any additional needs and
if any are identified, a referral for home visit will be made
Should
the visit be unsuccessful, further escalations will be considered on a case by
case basis

File Attachments

• 3rd_Party_guide_to_supporting_those_moving_to_UC_vApril_FINAL_(3).pdf (File Size: 644KB - Downloads: 155)

DWP guidance on closing claims when ESA / IS claimants reach their deadline - 

The ‘other benefit combinations…’ doc gives an overview of the Enhanced Support Journey and then the ‘check for reasons…’ doc is the actual process they should take before closing a claim.

https://www.whatdotheyknow.com/request/guidance_on_closing_esa_claims#incoming-2730957

keira

Sorry, I seem to have posted the same comment three times!! I don't know how to correct this?

keira

https://forum.scope.org.uk/discussion/comment/913454#Comment_913454

Poppy, can a person just sign something in order to agree to these commitments or does it have to be done verbally via a phone call?

Rosie_Scope

Hi @keira, I have removed those extra posts for you. If you have any trouble posting on the community, you can tag or send a message to @Community_Scope and someone will get back to you as soon as they can 😊

keira

Thanks Rosie, enjoy the rest of your day.

poppy123456

https://forum.scope.org.uk/discussion/comment/914146#Comment_914146

It can be done over the phone for ESA. For UC it can also be done through your journal.

keira

Poppy, I should have asked if a person is uncomfortable speaking on the phone then can they just sign something instead?

poppy123456

The only other option would be in person at your local Job centre. They may also be able to do a home visit.

keira

I'm just returning to this post as I've just read on the Benefits and Work site that if someone is receiving both Income & Contribution ESA (Support Group) and chooses not to migrate to UC after receiving the migration letter then their Contribution ESA will not be affected and not change to new style ESA. I'm just wondering if this is correct as this differs to the advice that was previously given on this post?

https://www.benefitsandwork.co.uk/kunena/10-dla-esa-queries-results/148072-esa-c-to-ns-esa-without-esa-i-to-uc-migration

poppy123456

I will disagree because the old contributions based is also ending and reverting to New style ESA. It converts to it automatically. The only difference between the two is the New style ESA can't include the income related top up. Therefore the amount you receive will be less £138.20/week with the current rates.

keira

Thanks for the reply poppy. Just to confirm, are you saying that the amount that will be left in payment (new style ESA) will be £138.20 per week Thanks.

Kimmy87

Yes that's correct.

poppy123456

Do be aware also that you would lose automatic entitlement to free NHS dental, eye tests and prescriptions. You can apply for the NHS low income scheme by filling out a form.

Zipz

https://forum.scope.org.uk/discussion/comment/970510#Comment_970510

@poppy123456 I receive CB ESA. Nothing else other than PIP. I shall not be moving to UC. I've also been told more than once that there are no immediate plans to change my CB ESA to New Style ESA. Is this wrong?