ESA to Tax credits to UC

rsm2185

Hi,

just joined to see if I can get some help.

I was initially on ESA in the support group, I then decided to try self employment so closed ESA claim and went to Tac Credits, I got the disability element of Tax Credits, due to entitlement from being ESA support group.

I got a managed migration notice to claim UC. This was completed in December 2023.

I’m wondering if as I previously got the disability element of Tax Credits due to health conditions, which have been continuous from ESA to Tax Credits to UC, should I have been found LWC or LCWRA from the start of my UC claim?

At my first appointment at job centre with UC coach, I informed him of my health conditions and he noted them on the system. He didn’t say I could self cert, but advised me to get fit notes from my GP.

I’m wondering if my previous ESA support group and WCA should shave been taken into consideration at the start of my UC claim? As that’s the reason I qualified for the disability element of Tax Credits.

Due to my health condition it was some time before I was able to get the fit notes from my GP, he backdated them but I reported them to UC on 21st July 2024.

I then got a UC50 to compete, did this and sent it back, just had my phone assessment and have been found to have LCWRA.

So my question is should this really have been from the start of my UC claim?

As it’s not a new health condition, and has been there since ESA claim.

Thanks for your help!

Albus_Scope

Hey @rsm2185 and welcome to the community.

I know if transitioning from ESA to UC then if you were in the support group, you should be given LCWRA, but I'm unsure how it'd work with tax credits being involved too. Hopefully someone will be able to give you a solid answer soon, I just wanted to stop in and give you a quick welcome. 😊

Emilee

The disability element of tax credits is usually as a result of claiming PIP or DLA, not ESA.

If you did not have an active ESA or credits only claim for ESA on the day you applied for Universal Credit, then no, your previous WCA result would not transfer across.

It sounds as though UC have handled your claim correctly.

rsm2185

Do you think I would have an argument to have the 3 month assessment period started from when my fit note was backdated to?

For note was from 1st April 2024.

but wasn’t submitted online till 21st July 2024 due to health condition.

UC work coach noted my health conditions at my first appointment of UC claim, but didn’t advise I could self cert for the first 7 days, otherwise I would have done that there and then.

Thanks for the help

poppy123456

You can certainly ask if they will accept the backdated fit note but usually they will not do that. Ultimately it will be down to a decision maker to make the final decision.