ESA IR TOP UP/ backpay, Universal credit migration notice.
I had written before on this forum regarding that. I had been claiming Esa Contribution Based, Housing Benefit and PIP since 2019.
I have realised that I might be eligible to claim ESA IR top up to my old style contribution based benefit.
I had sent in ESA 3 form together with IS 10. I had couple of phone calls with ESA about that, they were doing financial assesment from the date I first started claiming benefits which was 2028/19. They were giving me calls about that, I also had to submit to them bank statements for all those years, copy of my ID, accounts closing letters, receipts and statements for every transaction over £250 going out from my account. I had to provide them with a lot of information in order for them to let me know whether I qualify for that IR ESA top up or not. And of course backpayment of money.
They told me that I need to send all of this information to them by the 28/10/24, which I did sent it to them.
But today, I don't know if this was planned by them or not. Maybe not, I don't know. I had received Universal Credit Migration Notice. And that I have to apply for Universal Credit by the 25/01/2025 in order to help my housing cost instead of housing benefit.
In this situation I do not know what to do. Obviously on Universal Credit I wouldn't be eligible for IR TOP UP. What does it mean for me and for the top up and backpayment I was hoping for?
As I said I had submitted to them all the evidence they asked me to by the 28/10. And now I received this letter that I need to migrate to Universal Credit by 25/01/2025.
Will they still need to backpay me the money or once I make the application for UC then my chances are gone? I genuinely don't know what to do in this situation.
Comments
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The reason you've received the notice is because you're claiming housing benefit. This is ending for working age people unless you live in either supported or temporary housing. Migration letters are being sent out to everyone claiming means tested benefits.
If there's entitlement to the IR top up for your ESA then you'll receive everything that's owed to you, even if you claim UC by the time the decision is made.
If a decision hasn't been made by the time you've claim UC then and you go onto be awarded SDP for the ESA then they will need to recalculate your statements for UC to include Transitional Protection.
Your ESA will continue to be paid at your current rate once you claim UC but the ESA will revert to New style. This will be deducted in full from any UC entitlement.
I would leave it until as late as possible to claim UC.
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Dear Poppie,
I would like to thank you for your reply to my issue.
I have been trying to contact the dwp for a long time now. I have been calling them non stop for the past few weeks, they have been promising to call me back multiple times but never did. The furtherst I got is customer service agent.
I have called help to claim citizens advice and they said it could be a problem when claiming universal credit because once I make a claim for Universal Credit esa can turn and say that they don't owe me any top up or disability premium and there won't be any transitional protection.
They said to call esa and I have been doing just that all the time each time asking customer adviser to message them and tell me the outcome, they never returned my calls.
I can not deffer claiming UC for a long time because I need to pay rent.
This really but really is affecting my mental health as I wouldn't like to loose out on this money but my rent needs to be paid at the same time.
It really seems like they are doing this on purpose.
What are the chances thar they will still pay me? And what are the chances that they will have to recalculate my claim? I have read online that by law that once you claim UC, then that's it. And there seems to be legal rules about it. Citizens advice also told me that they need to make that decision before me going on UC.
I am so stressed about this as I wouldn't like to loose on money I was entitled to.0 -
I disagree with citizens advice about ESA not paying what could be owed if you claimed UC. If there’s entitlement to any of the disability premiums you will receive what’s owed to you, even if you do claim UC in the meantime.
However, can you please confirm the date in which you started your claim for ESA? And were you claiming any other benefits before that? If so which ones exactly please?
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Hello Poppie, thank you for your answer. I started claiming ESA on the 22/12/2017 and PIP in 2018. I was claiming housing benefit with esa. No other benefit before this.
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Thank you. I was just checking that your ESA is definitely the old contributions based and not New style. If it's New style ESA then there's no disability premiums payable with this. If you started claiming housing benefit at the same time as the ESA then it's definitely the old contributions based.
Going back the the advice you've had from Citizens Advice, I still disgree for the reasons I mentioned above. If you do have to claim UC before the decision is made on the IR top up then your TP would also be recalculated to the start of your claim.
I see you need to claim UC by 25th January 2025 so you have 6 weeks or so yet. The only thing I can suggest at this point is to contact your local MP, tell them exactly what's happened and you haven't had any further response from ESA, despite ringing them often. Hopefully they will contact them on your behalf and get things moving.
https://www.parliament.uk/get-involved/contact-an-mp-or-lord/contact-your-mp/
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Dear Poppie,
I want to express my gratitude for your support; it really gives me hope in this challenging situation. However, I’m worried about what applying for Universal Credit (UC) will mean for my existing benefits. I read that I will lose entitlement to legacy benefits and that my old-style contributory awards will convert to new-style awards. While this seems to make it impossible to reinstate any income-related elements, I’m not an expert; I’m only going by what I read online.
I wrote to my MP last week about this issue, but since she is focused on another case regarding housing and harassment, I’m worried that she might not be able to act on my concerns in a timely manner. I have asked but I can’t make her do it.
When I called the ESA helpline a few days ago, they assured me I would continue receiving payments since the DWP directed me to apply for UC. However, today, I was told that wouldn’t be the case, leaving me unsure of what to do next. Should I file a complaint about not receiving callbacks?
Additionally, when I visited the job center, the staff member mentioned that I would need to look for work. I know this was incorrect, but it still caused me anxiety. I’m also worried that my anxiety and autism may get in the way of my communication as I navigate these challenges. I’m concerned about capacity issues and difficulty fulfilling the claimant's commitment, which adds to my stress. I I fear I may have made unfixable mistakes, and I don’t want to lose out on the money I’m entitled to.
I truly appreciate your advice during this time; it’s something I trust and value deeply.
Once again, thank you for your continued support.
Best,Kami
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I wish I knew how to make all of those professionals (including MP) help me.
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You're very welcome, I'm glad that I'm able to help you! When you submit a claim for UC any housing benefit you're claiming will continue for 2 weeks and then end.
You are right that your CB ESA will revert to New style automatically. You will receive a letter regarding this but the letter you'll receive is a standard letter, that's poorly worded so please try not to panic when you do receive it.
As you're in the Support Group for ESA your UC will include the LCWRA element from the start of your claim. This will mean you will have no work commitments and will not be expected to look for work or attend appointments. You maybe asked to attend your Local Job centre for your very first appointment.
It is correct that any Income Related ESA would end 2 weeks after you submit your claim for UC so going forward after that time you will not be entitled. However, if you're entitled to the Income Related top up for ESA you will still be owed money for this and you will receive whatever is owed.
As this would then mean you'll be entitled to Transitional Protection (TP) in your UC they would also need to recalculate the UC to include TP.
About the compliant for ESA, yes you should definitely do that. Please see link for further information.
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Dear Poppie,
I am writing here because I am really scared. Regarding ESA, I just received a message from the MP office that she has made a representation to DWP on my behalf asking that the issue be investigated and that they provide an update and a timescale as to when a decision will be made.
But I am really scared of something that just has happened now and something that might hinder me getting an extension from UC. I basically called Citizens Advice Bearou and I asked them to help me to call DWP and get an extension. They dialed the number and said to DWP that I want extension because I go to hospital. Which was not the case, I started explaining to the DWP why I want extension and why now. I told them I am voulnerable, have no support, that I struggle with Autism, that I am becoming suicidal and have issues regarding capacity. The citizens advice person was just sitting there and saying absolutely nothing, the dwp guy was just sitting there as well making me feel like I have to be begging for that extension on my own, which I was I was begging them. They told me that it's too far from the date (my date is 26 Januray) and that they will make notes. I tried to explain to them that waiting that long till one week before will make me even more unwell. But they wouldn't have it. They said I have 'good reasons' but to o early. The call ended since I was so traumatised explaining my reasons and begging in front of these two men on the phone. I asked citizens advice guy 'why didn't you say anything to help me?' He said because he didn't know my application date is still so far. I live in abusive situations which also was one of the reasons. The fact that this citizens advice person was on the line quiet, even dwp person was asking him 'are you still there?'. The fact that I am sure that on my own I would have gotten extension, at least the notes they now have about me would be more congruent with what I wanted to say instead of these two men were witnessing trauma porn, made me feel so humiliated and even more scared. What should I do now? I told the citizens advice guy that I will complaint about him. Citizens advice made this thing even more difficult for me than it was. Because there are now notes about me asking and not getting extension. Is this true that you can only get an extension 2 weeks before the date, or is this also made up? I worry now that whenever I call now asking for it, it won't be granted since they will go by these notes. I don't know what to do and I am unable to deal with this myself. I feel scared.
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I’m sorry this happened to you. To extend the migration date you must request this before the deadline. See link.
I’m not aware of them not being able to do this earlier than 2 weeks before.
please also note that if it’s because you’re concerned about the SDP and Transitional Protection. If you’re awarded SDP after you migrate to UC then your UC will be recalculated to include the correct TP for the SDP calculation.1 -
Dear Poppy, look what thse people from Citizens advice are saying. They are only confusing me. They are contradicting their own advices.
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This really is affecting my mental health. I don't know what to do. Even the MP advised me to be careful about Universal Credit.
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Why did your MP advise you to be careful about Universal Credit? I'd be very surprised if an MP would know anything at all about benefits.
I've advised you that when you migrate to UC if the decision hasn't been made on the ESA IR top up then any Transitional Protection will be recalculated.
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Dear Poppy, my MP has now came back with a reply from DWP. They said that they would award me income related top up but that they only owe me money for severe disability premium from August since I sent is10 form to them in August 2024, it says that I am entiteled for enhanced disability premium for the entire award but severe disability only from August. I don't think this is right. It also states that they would 'discuss' with me if I was entiteled to severe disability from the beginning of my claim. Which I am certain that I was since I started claiming PIP in 2019 and was always living alone and was always on Esa cb. T
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It also says that I had reached the end of the complaint proccess and if I'm not happy I can reach to Independent case examiner.
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