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MIG decrease with migration from ESA to UC - Is this lawful?

Camellia

I have a package of support from my local council and had my affordability calculation redone when I migrated across from ESA to UC. I previously had a Minimum Income Guarantee MIG of £180ish per week (because of disability premiums), but it has now been slashed to £112 per week (presumably because there are no disability premiums on UC).

Everything I have above £112 is gobbled up for care. I was previously everything above £180ish.

Is the council acting lawfully? It doesn’t seem fair that I am expected to pay considerably more towards my package of support just because I transferred across from ESA to UC.

If anyone has had a similar thing happen or knows which laws apply that would be extremely helpful

Thanks in advance

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Comments

Holly_Alumni

Hi @Camellia I'm not sure but it seems to be quite a well debated topic with some legal cases being won. I found this an interesting read. It's not the same situation, but similar - Why council was found to have breached Care Act needs duty. Would it be an option to request as reassessment? Appreciate there's a risk with that. Alternatively, it might be worth speaking to Turn2us who might be able to provide advice or signpost for some legal support.

Camellia

Hi Holly,

Thanks for responding and for the helpful link you sent - it is so important to be able to get a written explanation for determinations made.

What happened- I asked the mayor and my local councillor to intervene on my behalf regarding my affordability calculation and my LA has fortunately now largely reversed the decision. They have raised my MIG to £160ish up from £112 which helps a lot - on the basis that I have a health element in my UC.

The situation has been immensely stressful, having to go to food banks and being told they will only help for up to two weeks, asked for my utility provider to disconnect both my gas and electric etc so the relief 😅 I feel now is amazing.

I am trying to get things more fully in order by 1. appealing the PIP (so I can hopefully get my MIG back up to what it was originally at £180ish) 2. getting reassessed as you suggest and will be 3. taking all disputed DREs and some housing costs disregards to the Local Government Ombudsman and/or Judicial Review (fingers crossed Irwin Mitchell will be willing to take it on, on Legal Aid) as soon as I can get a deadlock letter and a final decision as to my level of contribution towards my package of support.

This, as the MIG is meant to be what is available to live off after all DREs and eligible housing costs have been taken into account.

Sorry that was a long novel but I hope it could be of help to someone else in a similar situation.