Hi, my name is RobinO! How do I get my ESA claim classed as fully income based without closing it?

RobinO

Hi, I am due to move under managed migration from ESA to UC imminently.

My ESA is a combination of Income Based and Contribution Based. How do I get my existing ESA claim all classed as Income Based, without closing anything down or re-applying now or when transferred to UC, can it just be recalculated as Income Based ?.

I was expecting transitional protection as the total amount is more than on UC but as Income based goes to UC and Contribution Based ESA now joins JSA as an Unemployment Insurance and only paid for a limited amount of time, whereas now ESA is ongoing with no time limit other than an award review date.

The DWP are hopeless, as their advice doesn't solve the problem or answer the question but will remove Transitional Protection protection which was - 'On migrating to UC advise the adviser that you don't want CB ESA and close that claim and start a new UC claim'

In other words, if I qualify for IB ESA in part then I should qualify for it in full and what is the easiest way for the claim to just be classed as all IB ESA.

Thanks

Kimi87

Firstly I believe what you want is impossible.

I don't think you can switch from getting a combination of ESA to just IR.

❗Obviously do not follow UC's advice and shut down your ESA proir to claiming ❗

Try asking a trained benefits advisor:

https://advicelocal.uk/welfare-benefits

Secondly, the Green Paper proposals are just that, proposals. What eventually becomes law is usually a watered down version of the Green Paper, and takes years.

I don't think you should make major financial decisions on something which is at this time little more than a Government wish list.

Even if the proposal was carried through in its current form, what would happen in your case is your UC award would go up as there would no longer be a deduction for CB ESA.

I know your Transitional Protection would be effected, but it won't last forever anyway it will erode with the annual increases, any new elements you are entitled to, and end if changing between a single/couple claim or vice versa.

RobinO

Thank you Kimmy87.

Very Good.

Hopefully the Green paper and primary legislation will be challenged, to get a watered down version, as you point out.