Please help, Being told i cannot continue my ESA because i was not contribution based

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richydee2019

Hi everybody. 

I recently was on this forum before i moved into a flat to get advice about my claim as i did not want to move into the flat if my ESA would be stopped. However i was advised that my esa would continue as my claim for ESA was before  2017 .

https://community.scope.org.uk/discussion/61617/esa-2-universal-credit-hb-few-more-questions#latest

I then went and moved into my flat and claimed UC , i yesterday rang my case manager whom was not available so i spoke with somebody else, and i told them about my claim for ESA continuing as my claim was before 2017 ect - i quoted the following from POPPY's advise

" You need to ask your case manager to send the MGP1 form to ESA and this will transfer your ESA details to UC and then you'll be placed in the relevant group for UC which is Limited capability for work (LCW).

Your ESA claim started before April 2017 this means that in your UC payments you will receive the extra £126 LCW."

The person on the phone then proceeded to tell me that i will not be entitled to a continued ESA claim as my claim for ESA was not contribution Based.

I was devastated as my whole move could be jeprodised with this lower income.

I argued with them for a while stating that i had been given professional advise and that even the jobcenter had agreed with me at the time of my application, (Which they did) and they said that the claim for ESA will be dealt with in the background whilst my UC claim was processed and that my ESA would continue.

However the person on the phone was adiment that because i was not contribution based that my ESA will end and i will has to have a re-assessment.

Please help.

What do i do. Who do i argue this with

And why are they saying this to me.

This forum made it wuite clear that i would continue to receive my ESA

can anybody advise.


thank you.,

My claim for ESA was long before 2017

in 2014 i claimed INCAPACITY BENEFIT
upto 2016 where i claimed ESA SUPPORT GROUP
upto 2018 where i was lowered to WORK RELATED ESA
Now i am on UC being told me ESA will stop

even though i was advised the following

 You need to ask your case manager to send the MGP1 form to ESA and this will transfer your ESA details to UC and then you'll be placed in the relevant group for UC which is Limited capability for work (LCW).

Your ESA claim started before April 2017 this means that in your UC payments you will receive the extra £126 LCW.

Adrian_Scope

Hi @richydee2019, unless you were receiving contribution-based or New Style ESA, they are correct that it will stop now that you've claimed Universal Credit.
However, you should receive the Universal Credit equivalent which is LCW (limited capacity for work) which adds £126 a month to your Universal Credit claim (because your claim began before April 2017). You won't receive Universal Credit AND ESA, you'll get Universal Credit and the additional LCW rate which replaces your ESA. 

You need to request that they (Universal Credit) send an MPG1 form to ESA so that your ESA award can be transitioned over to Universal Credit.

Does that make sense?