Universal Credit/Move to 'New ESA'/Transitional Protection

cmmz

Hi I wondered if anyone can advise me what to do, I am part of the migration from ESA, Housing Benefit & Child Tax Credit, I put in my application to UC as instructed by my migration letter, spoke with CAB advice line as I was anxious what it all means they said I would be entitled to transitional protection so as not to be worse off.

I then received a somewhat panic inducing letter from ESA (20th Sept) saying I was now being moved to 'new style' contributions based ESA and some ESA would migrate to UC. Panicked at this point but was told just to do whatever they said by local CAB as the ESA change letter said I would have to do various things, I'm in the support group so I had been advised I just had to migrate. I wasn't told how much would be paid when so I just waited for UC decision, on Friday I received some ESA and this morning (Monday) I received my UC decision plus an update through UC portal that I am on ESA.

In the UC payment breakdown my 'new style' ESA was deducted from UC and no TP was included so I basically would be over £200 worse off per month. I called the CAB UC advice line, the advisor said that he thought I had a good case to challenge this. And that I should contact UC via the portal and point out a) that my ESA letter from March stated my ESA was income related b) I had been changed to 'new style' ESA without my agreement c) That I should have transitional protection but that wasn't included and basically £200+ of my cESA was being deducted from UC d) to request a mandatory reconsideration and to insist I stay on iESA within UC. He sent me the calculations which is helpful but I am really not sure what I am doing. I tried to call ESA and was on hold for nearly two hours without getting through being cut off twice.

Can anyone advise me what to do? I am thinking contact UC through the portal and request they look again in light of TP? I am not sure if I should be questioning the move to cESA I don't really understand what I'm supposed to do but I feel the time pressure as ESA wrote to me about this on 20/9/24 so I have 28 days to challenge that if I need to and I can't get through on the phone/don't know quite what to say.

One of the difficulties is the CAB UC adviceline who I have found very good don't cover 'new' ESA and the local CAB were not very helpful as they have no involvement in the UC migration process so I am concerned I need to contact both benefits and I'm not entirely sure what to say,

Apologies for long explanation I really appreciate any advice as this is provoking anxiety and I am awaiting surgery (had been due to happen last Thursday) so I don't feel like I can have an operation without this being resolved as I would not be up to challenging decisions,

I hope this is not a loophole they have found/created to not have transitional protection for ill/disabled people,

Thank you so much for reading/any advice,

Claire

poppy123456

The reason why part of your ESA has reverted to New style is because part of your ESA was contributions based. It would have been known as Income Related but the correct term would be contributions based with an income Related top up.

As you've now migrated to UC the contributions based ESA isn't part of UC so yes it was correct to revert to New style.

This is known as a dual claim. The ESA will be deducted in full from any UC entitlement and you'll receive the ESA separately every 2 weeks and that amount will be £276.40 (£138.20/week) You are not financially worse off by the deduction because you still receive the ESA separately. There's nothing to challenge here because what they've done is correct. Going forward the deduction from your UC for ESA will be £598.86/month.

Whether there's any entitlement to Transitional Protection will depend on the figures of your previous benefits. Not everyone is entitled to it because some are better off claiming UC. Did your ESA include the Severe disability Premium?

cmmz

Thank you for responding Poppy, yes I believe it did, according to the UC calculation I have been sent I am over £200 worse off.

Kimi87

It's not unusual for the TP to be missing on your first statement.

Add a journal note (under Payments), stating that your TP hasn't been added.

poppy123456

Thanks. It’s not unusual for your first statement after migration to be incorrect. This is usually because the departments that were paying your benefits haven’t yet sent the figures to UC for them to calculate the difference between your previous benefits and UC entitlement.

When this happens they usually recalculate your statement quite quickly to show the correct amount.

Put a message on your journal under the payment section and tell them you think the calculation is incorrect and there’s no Transitional Protection included.

cmmz

Thank you I will try this! I did not sleep worrying about it, thank you so much, I mean they seemed to have all the figures just I worried that by changing the benefit you were on if that meant they didn't have to pay TP, thank you I will message and ask, I get really anxious dealing with this stuff, I will let you know how it goes. The guy on the helpline said this was the first time he had heard of this and I might need to request a mandatory reconsideration but hopefully just joining the dots, thank you

Lindsey54

Poppy123456

Hi Poppy, I have used and recommended a site called Benefits and Work. I got an email from them this week with following heading “ESA Managed Migration Has Begun, Silence On PIP Vouchers, Secret ESA Report Published”. They are well worth looking into with anything benefits related.
hope this helps you

Kimi87

Edited, earlier reply swallowed by Scope re appeared 😂

Lindsey54

Kimmy87

Hi go into your computers search engine and type in “Benefits and Work”. I had an email from them this week with the following headline ESA Managed Migration Has Begun, Silence On PIP Vouchers, Secret ESA Report Published”

Look them up they really are helpful

cmmz

Hi Lindsey54, Do you think this relates here? It is just I don't want to worry myself unecessairily and the report sounds a bit ominous?

poppy123456

https://forum.scope.org.uk/discussion/comment/923007#Comment_923007

Thanks but I don't need any benefits help or advice. I have plenty of knowledge and personal experience with most benefits. For this reason it's pointless paying the £20/year fee that they charge.

Lindsey54

Hi Cmmz

I am not an expert on specific benefits, if you need to know exactly how much your benefits will be, you will need to see a benefits advisor. If you live in West Yorkshire I do know of one who should be able to help you.

niza

hi, I was wondering if this got sorted ok?

I ask as I have just done the UC move and just had the esa letter regarding contribution based which I had no idea about whatsoever and I am so confused.

If this contribution based is only paid for a year then surely this does affect t the transitional payment?

Of course great anxiety.

Any help appreciated.

jen

poppy123456

https://forum.scope.org.uk/discussion/comment/970929#Comment_970929

As part of your ESA was contributions based this will continue but revert to New style ESA. It is not paid for 1 year, it’s paid for as long as you remain entitled to it.

For ESA you will receive a rate of £276.40/fortnight. This will be deducted in full from any UC entitlement at a rate of £598.86/month. The amount looks more but there’s 4.3 weeks in a month, not 4 weeks.

The letter you received for ESA is a standard letter. You do not need a fit note and you won’t need another assessment.

You will need to agree to your claimant commitments which will just be to agree to report all changes.

Kimi87

Only CB ESA in the WRAG is time limited.

CB ESA in the Support Group doesn't have a time limit.