New style esa or UC?

kittytori103

Recently received migration notice for ESA. It's currently income based and is a joint claim. I've seen others state that although they were income based, upon starting migration have suddenly become eligible for new style esa due to contributions. I'm trying to work out if that's what might happen to us and if so will we be worse off?

Brief history for myself - worked for 6 months at age 17, and further 4 months on a training allowance on apprenticeship. From 18 to 19 on job seekers allowance. At 19 went onto incapacity benefit, which eventually changed to ESA income related. Which later became a joint claim with my partner. Also claim pip, housing benefit and get SDP

Brief history for partner - he believes he was getting incapacity benefit straight after leaving school, hes never worked. It's possible his mum claimed benefits for him as a child but doesn't know for sure. Was definitely on income related ESA before our joint claim. Was definitely on DLA from at least 18 til it changed to PIP. Currently on PIP.

Kimi87

When people were changed from the old Incapacity Benefit to ESA, this changed into an award of CB ESA with an IR top up if applicable.

The CB part only ended if the claimant was moved into/was in the Work Related Activity Group and never returned/moved to the Support Group. As CB WRAG had a time limit of 365 days.

You shouldn't be worse off. The NS ESA is deducted in full from your UC award.

I saw a post on another forum a few months back where both the couple were on CB & IR ESA prior to migration, and the poster was kind enough to private message me the outcome.

What happens if legacy benefits are more than UC award, is Transitional Protection gets added to the claim to ensure you aren't worse off at the time of transfer. This does erode over time as other elements go up or new elements are added.

Your claim will qualify for Transitional Protection.

Your claim will have two deductions of £609.05 for New Style ESA.

Under UC the maximum number of LCWRA elements payable is one in a couples claim.

LCWRA is the UC equivalent of ESA Support Group.

kittytori103

Thank you that's very helpful