forced to move from ESA to UC but UC claim rejected!
I received the migration letter saying I had to switch to universal credit.
I just read the decision — "Your claim has been closed. Reason: The amount you have in savings"
That's it? I get nothing? What about transitional protection?
They can force you off one benefit. make you sign up for another, promise you won't be out of pocket and then refuse the claim?
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But do you have more than 16k in savings?
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Did you migrate from ESA?
For both Income Related ESA & Universal Credit, the upper capital limit is £16,000. There is no entitlement to either benefit if capital exceeds £16k.
Do you have that amount, and were ESA aware before you migrated?
If you do have capital of £16k Transitional Protection will not apply due to non eligibility for Universal Credit. TP is for people worse off on UC. Not for those ineligible.
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Yes, I was told I had to migrate.
It clearly says that there is ‘transitional capital disregard’ for a year, after which of course it's a different matter. It's explicitly stated that given the person is being forced to move to a means tested benefit, he will receive protection for a year.
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It says with no ambiguity whatsoever that those forced to migrate from ESA and are above 16k receive transitional protection *for that very reason*. Yes after a year it stops but it exists for that time.
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You are referring to the rules for migration from Tax Credits with over £16k of capital.
Tax Credits ended in April 2025 with migration completed a few months after that.
As you didn't migrate from Tax Credits, transitional capital disregard doesn't apply.
Normal TP doesn't apply as there is no entitlement to UC.
Only awards of UC qualify for TP.
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Migration from tax credits? Does that mean migration from ESA?
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No, only migration from Tax Credits qualifies for Transitional Capital Disregard.
Migration from any other benefits including ESA doesn't qualify.
As a side note, the capital limit of £16k also applied to Income Related ESA.
There is a chance the DWP system will pick up on your UC refusal due to excess capital, and investigate your previous ESA payments.
You might be asked to repay money received that you weren't entitled to, on top of a small £50 fine.
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It looks like I must disregard everything I read on this, including the following: "'If you are in the ESA Support Group and are moved to Universal Credit (UC) via managed migration (i.e., you received a Migration Notice letter from the DWP), you are eligible for Transitional Protection
Support Group Equivalence: If you are in the ESA Support Group, you should automatically be awarded the Limited Capability for Work-Related Activity (LCWRA) element in Universal Credit.''"during managed migration, you can have more than £16,000 in savings and still qualify for UC for up to 12 months.'
Is this all just worthless information?
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Double post.
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If it's an AI summary then they can't be trusted to give the correct advice.
It's best to use them as a guide that gives you points to do your own further research on.
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Hi,
You're confusing Transitional Protection with Transitional Capital Disregard. Those two lines must have been taken out of context.
As Kimi says, TCD applied to Tax Credits only, not ESA.
Your Income Related ESA should have ended when you passed £16k in savings. Is there any reason that didn't happen? Is the savings from benefit backpay for example?
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Hi @js77 and a warm welcome to the community from me!
I can see our lovely members are already answering your questions and giving some good advice so I'm just popping along to say hello and I hope you have a lovely time on the community!0 -
Some of the savings are from backdated benefits.
I didn't know ESA had a limit of 16k so it's a bit of a bombshell. I'll let them know tomorrow.
I've been going out of my way to let them know I have more than 16k. I thought this was the crux of the matter, that because ESA is non-means tested there is protection for someone who has to migrate to UC. I was phoning up ESA and broadcasting my plus 16k savings.
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thanks for your replies
I'm only learning today about the ESA 16k limit.
Does it all have to be repaid in one lump sum? I hope not.
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Backdated benefits are usually disregarded for one year. If the money was due to official error or over £5000, it can be disregarded indefinitely.
Income Related ESA is means tested, Contributions Based ESA isn't.
If after migration your ESA has ceased, you were getting Income Related.
If you are still getting ESA @ £281.10 a fortnight, you were on CB ESA with an IR top up.
If there is an overpayment, you can work with DWP Debt Management to agree an affordable repayment plan.
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