Employment and Support Allowance (ESA)
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Any advice ESA lost premiums due to UC

Hi this is my first post. I was in receipt of IR ESA and enhanced PIP both care and mobility which meant I also received the premiums of enhanced and severe disability . I have no non dependants and nobody claimed carers allowance. 

Unfortunately due to marital disputes and child custody court case and continued to be on receiving end of verbal abuse that I moved area permantly on 29th April 2018.   I contacted the local authority to claim housing and council tax benefit. I was told I had to claim housing costs through Universal Credit. I asked if that would affect my other benefits and was told no. Clearly that was not the case and I lost IR ESA and premiums. 

After reading about the 2 gentlemen who took DWP to court and won their SDP amount back I wondered where I stand ? Will the DWP be contacting anyone who has lost these premiums or will each individual claiment have to take the DWP to court  ?
Any advice or information would be greatly appreciated. 

CarolAnne

Replies

  • RipplesRipples Member Posts: 189 Pioneering
    You were poorly advised @carlan77 as you are now aware moving to a UC area triggers the need to claim housing costs through Universal Credit. Once you are on UC there is no return. Next year it is proposed that those on IR ESA will be migrated to UC   which will keep them on an equivalent amount to what they are receiving at that time ( preserved benefit).
    I haven't seen anywhere that they will apply this retrospectively to those who have been forced to claim UC  by changes in circumstance such as yours. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You are right there is talk that those that were claiming SDP with their ESA and had to move to UC because of a change of circumstances will be given backdated money. At the moment there's no plans in place and it will most likely be sometime during the autumn that we will hear what happens next. Once they announcement is made and the plans are in place then i'm sure DWP will contact those that were affected. Until they do this then unfortunately there's nothing you can do but wait.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • carlan77carlan77 Member Posts: 3 Listener
    Thank you both for replies. It took me quite a while to sort everything out because I also received carers allowance as my son has autism. So when my estranged husband took the children and subsequently to court claiming residency I became more unwell. 
    It was when I read the article regarding the 2 men that it all fell into place. 
    I’ll look for it coming up. Its good to know that I had read it correct. When I asked the question to a DWP staff member they just kept telling me there was no way back. I’ve read that much about it now I’ll be able to advise others with ESA questions. Keep me busy and my mind off the back pain

    Thanks CarolAnne
  • mikehughescqmikehughescq Member Posts: 5,984 Disability Gamechanger
    Draft regs are out for consultation and that closes in 2 days. On current form expect few changes. Have a look at this thread. https://www.rightsnet.org.uk/forums/viewthread/13135/
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