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Advice on switching from ESA to UC

Bek85Bek85 Member Posts: 14 Listener
If I was awarded ESA until 2021 do Universal credit have to honour this? 
I moved over to UC a year ago from ESA. 
I have a new case manager who’s now asking I do a work capability assessment. I explained I was awarded my ESA until 2021 and since it was a straight swap from one benefit to the other I was under the impression they had to honour that previous claims award   . 
I’m very poorly at the moment and I think if I have to go through all that process again it’ll tip me over the edge. 
My case manager is calling me back once he’s spoke with my old case manager but given that it’s weekend it’s going to be a long worrying weekend

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    Yes they do and you should have been placed into the relevant group for UC but you can be referred for a work capability assessment at anytime.

    For work capability assessments timescales really don't apply because they are just a guide. You can be re-assessed anytime from 3 months.

    If you do receive a work capability assessment you will need to return it with all your evidence no later than the date stated on the letter.
    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.
  • Bek85Bek85 Member Posts: 14 Listener
    I don’t understand why they say my benefit is secure until 2021 then if it doesn’t really mean anything. 
    Ok thanks for getting back to me anyway. 

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    The decision was for ESA but you transferred to UC. DWP will honour that decision but you can be re-assessed at anytime. Even if you hadn't moved to UC you could still have been re-assessed anytime from 3 months. This is the reason why work capability assessment decision letters do not have length of time on them.
    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.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    edited May 2019
    Bek85Bek85,

    The UC regulations say you can be reassessed for any reason & at anytime unfortunately. The recommendation of no reassessment until 2021 is just that - a recommendation, it doesn't mean you can't be reassessed.

    You should get the ESA decision recognised in UC though (for your claimant commitment, ie what you have to do in UC, and for any extra amount you should get in your UC). You don't have to wait for the reassessment for that.

    You could get in touch with your MP and complain about this as apart from anything else we know that constant reassessment isn't necessary & just makes people anxious and horribly stressed. Also make it known to your work coach how stressed you are. They are supposed to try to support you if you're a vulnerable person.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
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