Confused ESA migration to UC

Lisa4125

I'm very distressed and confused. Before my illness got worse I managed to have a part time job. This was 2009 to 2011. I had a serious and painful change in my situation and was no longer able to do that so went back on benefits. At the time they were changing incapacity benefits to ESA so was put on that. Initially I was on contribution based ESA but as I was in the support group I got income related top up as well. After a year or so it turned into full income related ESA. Ive just found out now it seems someone from ESA had to what they call rebuild my claim on their systems and for some unknown reason switched it back to contribution based with an income related top up as I'm entitled to disability related premiums. I only found out due to the migration process to universal credit. I was given to understand you only got new style ESA if you had worked in the last two to three Tax years before it's claimed. I haven't worked since 2011! Now I'm being given a benefit I didn't even apply for and don't think I'm due. Despite me telling them this their still pushing forward with it and plan to pay it. I don't want something I don't think I'm entitled to and worry this will affect the transitional protection in the future. I don't know how to deal with this, any thoughts?

OverlyAnxious

Hi,

This is how ESA works for people who were on Incapacity Benefit before. New Claims for New Style ESA require work and NI contributions, but that doesn't apply in this case because you are migrating from legacy ESA, where you were entitled to partly Contribution Based due to Incapacity Benefit.

So you are entitled to New Style ESA now. That will be paid separately every 2 weeks at £281.10. And will be deducted from your Universal Credit at £609 each month. Deductions happen after Transitional Protection, so TP should not be affected by this.

There is nothing you need to do, they are correct in this case. 🙂

Ariella

hi I receive 482.00 from ESA a fortnight I am waiting on the migration letter coming will I lose any money from what I get now on ESA I also get enhanced pip in both living element and disability so worried about all these changes as I live alone

OverlyAnxious

https://forum.scope.org.uk/discussion/comment/1040370#Comment_1040370

Hi,

From that amount, I think you're getting: ESA, Support Group, EDP & SDP.

You would be worse off on just UC & LCWRA. So you will get Transitional Protection to increase your payments up to exactly the same as ESA.

TP does erode over time. So each time there's a benefit increase in April, your TP will be reduced by the same amount, so you won't see any extra money for a while. Once all of your TP has eroded, then you will be on the same amounts as everyone else, and you will start to get the yearly rates increases again.

argh

Hi,

I am in exactly the same position as @Ariella.

I have contacted almost everyone I can think of even my M.P, just after I got my first payment I received a message saying I was overpaid by £224.78,

They took £60.00 off my 2nd payment and they will be taking £40.00 off my 3rd payment.

I have worked out that with my transitional payment I am still down by £3.90 per week money I will never get back, it does not sound a lot but as I am not on income related ESA anymore and our Labour Council has changed the way they work out Council tax I also have to pay an extra £84.00 this month and then £80.00 a month after that.

No one can tell me anything apart from it's because they have changed the way they work out Council tax.

I got a letter in january to say I don't need to pay Council tax we were told as I believe that we would be no worse off by migrating to UC but here I am nearly £100.00 a month worse off.

No matter who I turn to can't seem to help!!

OverlyAnxious

https://forum.scope.org.uk/discussion/comment/1040615#Comment_1040615

Hi,

I'm afraid there isn't anything we can do to help in this case either. Council Tax Reduction is managed at a local level by your local council and they each have different rules across the country.

Not being worse off at the point of migration only ever applied to the national DWP benefits. They have no control over your council's benefit rules.

Not sure why you would be worse off by £3.90 a week on UC though. If you would like to post a picture of your UC statement then we might be able to work that one out.

argh

Hi @0vetlyAnxious,

Thank you very much for your reply, it means a lot.

I do have various papers and the letter I got through my journal.

As I have been routing through, the only explanation I can find is they could have withdrawn this raise.

I will try to find the relevant papers and post them on here.