ESA/LWC/UC

yvonned95
yvonned95 Community member Posts: 4 Listener
in Employment and Support Allowance (ESA)

Hi, I’ve got myself in a bit of pickle trying to get UC sorted and wondered what information is correct. I spoke to DWP as I initially applied for JSA in a panic after my ESA payments (prepare for work in future group) ended at the start of October, I was then rang about an appointment being arranged and I explained to the advisor that I was worried I’d done the wrong thing and was told to get a sick note so I would get put down the limited capability route as I have disabilities that affect me working. I spoke to CAB and also told them ESA had ended and they talked me through the capability route and the difference between that and ESA. I got the sick note and submitted for 3 months (13th November -12th Feb) but I spoke to welfare rights today and they told me even though my ESA payments ended as they are still paying my national insurance contributions this should of meant I was put onto LWC on UC as I already had the award essentially. I put a note ok my journal as recommended explaining this and the work coach replied as you’ve recorded a health change and added a sick note you now have to start again and do UC50 that’s getting sent out and then assessment. However I’ve looked online and it says if you have LWC you should retain this for now but still need to do assessment. That’s fine if I have to do assessment again but I’m now confused if they should be applying LWC in the meantime and then see if there’s any change after assessment is done? I do some surveys as that’s all I’ve been able to manage around my health and it’s completely flexible. I have of course reported this to UC and will report any earnings but as I don’t have the LWC status I have no allowance and that means they will deduct 55% of anything earned off and I’m already struggling financially so I just want to know if I should have the status and work allowance in the meantime or are they right saying I get nothing until new assessment? I’m so confused by it all so any help is appreciated! I’ve emailed welfare rights but won’t be open till Monday again so if I can find out before then for my own peace of mind it would be very helpful 💜

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  • poppy123456
    poppy123456 Community member Posts: 61,781 Championing

    You will only be entitled to extra money for UC if you have LCWRA, there's no extra money with just LCW. LCW is the same as the work group for ESA.

    You still have the work allowance in either group but the work allowance is only relevant if yourself or a partner receive earnings.

    The work capability assessment process is the same for UC as it is for ESA.

    Did you start your UC quite recently? If so then it can take a few weeks sometimes for ESA to send your details across for your claim to be updated.

    Have you looked at the descriptors for LCWRA? If not you can see them here.

    https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity

    When the decision was made on the ESA work capability assessment are you aware that you could have challenged that decision by requesting the Mandatory Reconsideration? The decision letter would have given details regarding this.

  • yvonned95
    yvonned95 Community member Posts: 4 Listener

    @poppy123456

    Hi,

    So I do surveys which pay cash s I technically have a small amount of earnings which is why the working allowance would be useful as I’m struggling to keep up with bills so being able to earn this bit of money without my standard allowance been reduced would help a little bit.
    If I have to be reassessed I get that’s part of the process but when I’ve tried to look in to it, seems I should still be able to have LCW applied whilst I’m doing the form and wait for assessment/outcome so that’s what I can’t make sense of.
    Yes it was a few weeks back’s believe it was the 7th but I told the work coach I have this status and he’s saying I have to do assessment again cause of the sick note that one of their staff members said I needed to get and did not say he will apply LCW in the meantime so I don’t know if the sick note has just created a load of problems 😔

    I was aware I could challenge at the time but I was struggling with my mental health and felt too anxious to appeal plus I had some hope I may of improved a bit more and been able to get back to work by now but I’m still struggling sadly.
    thank you, I will refresh myself on the descriptors ready for the form to be filled out again and I have a caseworker who has said she will help with my form.
    Thanks for your advice ☺️

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