Migrating from ESA to UC and filling out a UC50

Rachel1620

Hi there,

As a disabled couple, we are migrating from ESA, Child tax credit and housing benefit to Universal Credit and New Style ESA. I was originally on income based ESA with my husband named on my claim as my partner. I was in the support group for Limited capability for work, but my husband had only attended a work focused interview at the jobcentre, as that was all that was required of him. We both had an SDP though. On migrating over, we have both put in to claim the carer's element for each other and he has been awarded it to care for me, but I can't get it as I have limited capability for work and only one lot of money can be paid in our situation apparently. My husband has been sent a UC50 to fill in, so that he too can get a limited capability for work status. So, my question is... if he is awarded a limited capability for work status, will he then lose the carer's element payment? Will we get any more money on the limited capability part, as I thought you could only get one payment between you for that and more importantly, would the change in our circumstances cancel out our transitional protection payment? Advice needed urgently please, as we have an appointment this week to help us fill out the UC50. I have also read that if we don't return the UC50 then we can't get the ESA, but we've already had the first payment of it. If they were to cancel the ESA, would we automatically go back to getting a higher amount of UC? Sorry, its so complicated.

poppy123456

As you were in the Support Group for ESA then this will be LCWRA for UC and not LCW. Only one person can receive the LCWRA element on your claim. Both of you can be found to have it but you'll still only receive one payment.

The same person can't receive both LCWRA and carers element at the same time. As your husband is claiming carers element for you, then this will not change, regardless of what the decision is on the WCA. This is because you are already receiving the LCWRA element and if he's found to have LCW there's no extra money for this due to the rule changes in 2017.

He didn't really need to go through the work capability assessment because as a carer he will have no work commitments anyway.

To be clear the UC50 form he's received is for UC and not for ESA, if he doesn't return the form this will not affect your ESA or your UC.

Rachel1620

Thanks for your reply Poppy, this is roughly what I thought, but if he doesn't return the UC50 form and something happened to me, then he would then have to try and sort out the LCW for himself, which he would find very difficult to do, due to suffering slight brain damage, which impairs his ability to read and understand the complicated system. Therefore I think it is better for us to get him his LCW in place, not that I'm planning on going anywhere just yet, but one never knows, especially with the conditions I have! So can I just clarify, if he gets his LCW status awarded, would that then be seen as a significant change to our circumstances and therefore affect out transitional protection payment? I understand that no more money would be awarded, as only one of us can claim it and that even with am LCW he can still claim the carer's element for looking after me, so we wouldn't lose that money either. Thank you for your help, this is a complete minefield for me to work out and it's causing many sleepless nights and affecting my anxiety and health conditions, so I really need to understand it. I am also worried that we will lose our 100% council tax reduction that we had in place, but not sure if you can advise on that?

poppy123456

You're welcome. Ah, yes I understand your reasons and you make a very valid point.

Your UC will not be affected, regardless of what the decision is on the WCA. Your CTR will be recalculated based on your UC entitlement. Other than that I'm afraid I won't be able to advise because all local Authorities have their own rules.

Rachel1620

That's great then, thank you so much for that info. I'm assuming that my new style ESA wont be affected by my hubby gaining an LCW either? I think it's just me claiming the new style ESA, as it says in my award that [EDITED BY MODERATOR - Personal information] is claiming ESA and the payment is £276.40 every 2 weeks? Regarding the council tax reduction, I think we got more of a reduction because my hubby has had a bleed to the brain, so is classed as having had a stroke and having mental impairment. We are going to revisit the council office today, to see if they have been sent the info from UC yet? We have our UC statement and our first payment is due in on the 30th of October. Thanks again for all your help, this is invaluable to me.

poppy123456

It will not affect your ESA. The reason why you’re claiming New style ESA is because part of your Income Related ESA was contributions based, which isn’t part of UC. This would have reverted to New style. This is then deducted in full from your UC at a rate of £598.98/month.

Jimm_Scope

Hi @Rachel1620, I just quickly edited your post as it had some personal information in it. We want to make sure our community members and their private information is safe and secure so we try to make sure any personal or identifiable information isn't shown. If you do have any further questions just ask!

Rachel1620

OOps! sorry Jim and thank you for that.

Rachel1620

Thank you Poppy. So now I just need to sort out my council tax reduction award with the council and attend the appointment with my hubby to fill in his UC50, then hopefully we will be all sorted and I can have a break from all the stress! Thanks again for all your help.

Rachel1620

Hi Poppy, we have filled in the UC50 and sent it off, but we had to use an A 4 envelope and write the freepost address onto it, as the form and evidence wouldn't fit into the envelope they provided, so now I'm worrying that it may not get there! We have sent a message via the journal to say what we have done and when it was posted, so fingers crossed it gets there this week.

We have been back to the council regarding our Council tax reduction and they haven't had the figures sent over from UC as yet, so can't be sure what reduction we will get, but from looking into it further via a lady from the Citizens Advice, it looks like we'll only get a 25% reduction, where we had a 100% reduction before. This will then leave us worse off than we were before on our legacy benefits. Is this something that many people are finding once they've migrated to UC? Thanks Rachel

Kimmy87

Council Tax Reduction varies by area, each local authority has differing criteria as they set their own rules.

I have seen a few instances where local authorities seem to treat UC and legacy benefits differently.

Rachel1620

That's what I thought. Our's see UC as income, but minus the housing element. Apparently they dont count the New style ESA either. Also to get a reduction as a disabled person, you need to have an extra room that is used for said disabled person, or a second disabled bathroom or widened doorways/access for a wheelchair.

I thought we were supposed to be no worse off once we migrated though, and this will make us worse off.

poppy123456

There's no point in putting messages onto your journal about the WCA because the form isn't returned to DWP, it's returned to the health assessment providers.

It's true that you won't be worse off when you migrate across but that doesn't include council tax because that isn't part of UC. It's difficult to advise on that because they all have their own rules.

When my daughter claimed CTR at the start of the year her UC wasn't treated as income. I do agree that some people have found what they have to pay is more since the migrated to UC than it was on legacy benefits.

Rachel1620

Thanks Poppy, that makes sense. Uc have replied to our message about the UC50 form being sent, but it just says thanks for the update about your UC50 form. They had sent a reminder letter (which we got on Saturday), that told us to ignore it if we'd returned the form in the last couple if days, but I'm still a bit concerned that it may not get there because its not in the envelope they provided. There is a number on the letter, so later in the week I think I will ring to see if it's arrived with them.

poppy123456

It doesn't have to be in the envelope provided. When I return my forms for this I never return it in the envelope provided because they are always so small. With all the information I gave filling out the forms I need a bigger envelope. I've never had issues with them no receiving it. All you need is the correct address.

Rachel1620

Thank you, that's made me feel more confident about it arriving there. Yeah, there was no way all that evidence was going to fit into their envelope!

Rachel1620

Hi Poppy,

I have some more questions that I'm asking on behalf of my sister. She is in the final group to be migrated and is currently waiting for her migration letter to arrive. As far as I'm aware, it's not until 2025 that she'll be asked to migrate, but do you know any more about when those letters are due to be sent out?

She is unable to use the Internet and is a text phone user. Will there be an option for her to migrate using the text phone system or will she need to get one of her carer's to act on her behalf and use the normal phone line? When is the best time during the 12 week period given for her to apply? (Bareing in mind that she has periods where she is unable to do anything for weeks at a time, due to a relapsing condition). Are the DWP able to verify her identity over the phone, as she is unable to attend the job centre? Same question regarding any job centre interviews, can reasonable adjustments be made, as she can't attend in person? Any help greatfully received, as her situation is very different to mine, so I don't know the answers, but said I'd ask for her,

Thanks Rachel

poppy123456

Is your sister claiming Income Related ESA? If so then migration for those claiming that are between now and December 2025. I can't tell you exactly when she will receive that letter. There are some people who have already received it.

I don't have any knowledge of text phone claims but it is an option according to this link here.

https://www.gov.uk/universal-credit/how-to-claim If she claims this way she may not have access to a journal. Does she have an appointee for ESA? (assuming it's that she's claiming) If she is, is she in the Support Group?

Identity can be verified over the phone but they may also make a home visit. She can ask for a reasonable adjustment for a telephone appointment but is she able to use the phone herself?

Rachel1620

Hi again, yes she is claiming income based ESA and usually deals with the DWP via her text phone system, as she can't really physically speak. Sometimes she can whisper. I think she does have an appointee for ESA, but not 100% sure. It would certainly make sense for her to have one, as there are weeks where she just can't function at all and wouldn't even be able to use her text phone system. Yes, she is in the support group for ESA too.

Rachel1620

Hi Poppy, my sister has a team of carer's and she believes that one carer is down on her ESA claim as someone that can speak on her behalf. Is this what is classed as an appointee? However, she thinks that she needs to update this info, as the lady named no longer works as part of her care team. Should she do this now before she gets the migration letter? In making that change, would it bring forward her migration process at all?

Thanks Rachel

poppy123456

That's not the same as an appointee. An appointee will be responsible for managing her claim, which will include receiving her money into their bank account, using that money in their best interests, reporting changes and filling out any forms. See link.

https://www.gov.uk/become-appointee-for-someone-claiming-benefits

She should update that information but even when she does it will not apply to UC when she claims that. Updating that information is not a change of circumstances that would prompt a move to UC. Neither will it bring forward the migration process.