Work Capability Assessment decision

sceneparade

Hi, 

I had to fill in a form for the Work Capability Assessment back in September, and I have received a letter regarding a decision they have made. 

They responded "Following your work capability assessment, we have decided that you have limited capability for work and work related activity. This means we will not ask you to search for work or prepare for work".

What group does this mean I have been placed in?

In addition, will I be getting the additional £336 per month element as part of Universal Credit?

I currently received enhanced rate for both care component and mobility component fo PIP. Furthermore, I have been claiming ESA. Will this end now?

Joanne_Scope

Hi @sceneparade

It sounds like you have been placed in the Limited Capability for Work Related Activity group (LCWRA).

This does mean that you should get the additional £336 per month.

This does not have any impact on your PIP.

Are you getting Contribution based/New Style ESA? If so, this will continue and be deducted from your UC.

sceneparade

Hi @Joanne_Scope, 

I receive my housing benefit through UC, but nothing else. I originally received £146 per week from UC at the beginning. But once ESA was accepted, they took it away because I was paid it through ESA. So I now just get £500 for housing benefit.

poppy123456

As you're claiming Contributions based ESA then this will be deducted in full from your UC amount. This means that just receiving the housing element is correct.

Now you've been given LCWRA then you should be placed into the relevant group for ESA as well, which is the Support Group. Your ESA will increase from the 14th week of your claim to £111.65 per week but this will be deducted £1 for £1 from your UC entitlement but you'll also receive the extra £336 per month from the 4th month of your claim from when you first sent evidence of limited capability for work. When you'll start to receive that extra element will depend on when your claim for UC started and when you sent your first fit note.

sceneparade

Hi @poppy123456,

I started my claim for UC back in May, and my ESA the first week of June. 

Is my understanding correct? I will continue getting UC for housing benefit, and ESA for £111 per week. In addition, I will be paid £336 per month by UC for being in the support group? 

I receive no payments from UC except housing, so there isnt anything to deduct money from. 

poppy123456

Your payments before deductions should look something like this.

Standard allowance (either age over or under 25)

housing element

LCWRA will now be added.

Then the deduction for your ESA should be added.

Your ESA will continue to be paid but you will receive the deductions £1 for £1. If it's any different then i'm not sure why because that's not what it should be.

sceneparade

Hi @poppy123456,

Yes that makes sense. 

I've already been deducted UC for ESA, as I couldn't claim both. I am now receiving ESA £146 per week plus UC housing payments of £500. 

Also, the letter said it will be paid from the 14th week, but in some circumstances sooner. What are those circumstances? 

poppy123456

Some circumstances for example those that have a terminal diagnosis of 6 months or less.

poppy123456

Your ESA will be £111.65 per week.

Your UC will have the £336 LCWRA element added from the 4th month of your claim starting from when you first sent evidence of LCW. As there's a 3 full month waiting period, it will depend on the date you first claimed UC and when you sent the evidence.

The deductions from your UC will now be £483 per month.

sceneparade

Hi @poppy123456,

My evidence was first sent to DWP UC and ESA on the 25th May 2019, via medical certificates.

After 13 weeks, the DWP Work Capability Assessors Independent Assessment Services wrote to me with a questionnaire to be filled in and submitted. This was completed with attached medical records (Dr letters and specialist letters etc) and submitted in September 2019. 


Today I heard back and they placed me in the relevant group for not being capable of working. 

Hope this helps with deducing what I am entitled to. 

poppy123456

When did your claim start? without knowing this i can't work out how many months you're owed because it's 3 full assessment periods.

sceneparade

25th May 2019. 

poppy123456

That means May, June and July will be your assessment periods and LCWRA element will be paid from August 2019. Backdated money can be paid separately to your usual monthly payment.

sceneparade

So am I write in thinking that, come February, I am owed 6 months payments - from August?

Does the ESA increase from £73 per week to £111 per week also get backdated? 

poppy123456

6 months yes and yes to the ESA BUT as advised it's deducted £1 for £1 from your UC payments so there's no financial gain. You will still be £336 per month better off.

sceneparade

So I won't be receiving £111 per week? It will be £73 per week because they will take it off of me? 

My total UC payments is £495 per month for housing. That is it. No other payments. Will they take £1 for £1 off of this? So £152 will be deducted from by £495 rent payments. Otherwise, where will the £1 for £1 be deducted from, other than from £111 ESA. But then why bother to pay £111 if they take £38 off of it. 

poppy123456

sceneparade said:

So I won't be receiving £111 per week? It will be £73 per week because they will take it off of me? 

My total UC payments is £495 per month for housing. That is it. No other payments. Will they take £1 for £1 off of this? So £152 will be deducted from by £495 rent payments. Otherwise, where will the £1 for £1 be deducted from, other than from £111 ESA. But then why bother to pay £111 if they take £38 off of it. 

Not exactly correct, as i advised previously. Your ESA will be £111.65 per week.

Your UC will have the £336 LCWRA element added on top of the elements that should be included, which is standard allowance for your age, then housing element.

After that your UC will be reduced by £483 per month in total. As they are already reducing it by £316, this will be further reduced by £167.

Your ESA is paid fortnightly and the UC paid monthly.

sceneparade

I don't have any elements included in my UC, except housing. I get £495 for UC, which goes to my housing association for rent. I get £73 per week ESA. 

I get £595 PIP per month, which isn't deductible. 

So my understanding is I would receive £111 per week ESA, and UC will continue to pay me £495 for my rent plus £336 per month for the disability element. 

So my total monthly income is as follows: 

ESA: £444 (£111 per week) 
UC: £831 (£495 for rent, £336 for support group)
PIP: £595 

poppy123456

Sorry but that's not correct, you can't receive the ESA payment and the LCWRA element because this means you'll be receiving payment twice and that's not how it works.

As you're receiving New style ESA then you should also be claiming the standard element of UC which is £317.82 for single person over 25, then your housing element, with the LCWRA element on top. Your ESA should then be deducted £1 for £1 from your UC amounts.

I don't know how else to explain it to you but what you're saying is definitely not correct.

Don't include the PIP because it's not part of UC.

I'm going to tag admin for further advice because what you're saying is not correct. @Adrian_Scope any help here would be appreciated, thank you.

sceneparade

I received £317 per month when I first applied for UC. However, once I was accepted for ESA, the £317 was deducted, so I received £0 from UC for the standard element for over 25s. Hence I now get £146 ESA. 

As you stated above, I would receive £111 from ESA. But I would also receive £336 from UC for the disability element. 

If I receive £336, the only deductions would have to be from £111 ESA. 

If I cant receive ESA and the UC disability element, then ESA would stop. And I would only receive £336 from the UC. This would equate to £84 per week, an additional £11 per week. 

poppy123456

You’re totally missing the point here. The £73 ESA is already being deducted from your UC payments, which is correct. On top of that your UC will be reduced by a further £167 and they will add the LCWRA element of £336.

This is because your ESA will increase to £111.65. As I advised a few times your UC monthly payment will be £664 per month and your ESA will be £223 every fortnight. With the PIP on top. This means in total between ESA and UC you will be £336 per month better off. 

There’s really no other way of explaining it because I’ve even worked out both of your payments for you.

Before you were given LCWRA your UC was £495 and your ESA was £146, so as you can see you are better off.

sceneparade

Okay 

poppy123456

sceneparade said:

The £495 was for rent. 

So I will be getting: 

UC - £495 
UC - £336
ESA - 224 every fortnight

No, sorry you're still not understanding it. Yes i know £495 is for your rent but it's still a UC element.

You will receive UC £664 (this includes your £495 for rent)

ESA £223 every fortnight.

It's not possible to receive the £336 extra in the UC and the £38.55 extra in the ESA payments.

sceneparade

Okay. 

To make it easier to understand, I just added it as follows:

ESA £292 per month (£146 / week) 
UC £495 + £336 
Total £1123 

+ PIP = £1718

poppy123456

If that's the way you want to work it out then that's ok.  You just won't receive payment that way, you'll receive it the way i worked it out. Confusing for a lot of people when you're receiving New style ESA and UC together. At least you are better off each month, which ever way you look at it.

sceneparade

Okay, thanks

poppy123456

You're welcome

Adrian_Scope

Hi @sceneparade.
Universal Credit can be really confusing and gets more complicated with NS ESA too.

Currently I imagine your UC statement looks something like this:

Standard Allowance: £317
Housing: £495
DEDUCTIONS:
Payment to your landlord: £495
Deduction for overlapping benefit (ESA): £317(ish) 

So you get £0 Universal Credit paid directly to you and then you get £73.10 ESA per week (or £146.20 fortnightly).

Now you have LCWRA both your UC and your ESA should increase.

You should now receive £111.65 ESA per week (£223.30 a fortnight).

Then your Universal Credit will look something like this:

Standard Allowance: £317
Housing: £495
LCWRA: £336
DEDUCTIONS:
Payment to your landlord: £495
Deduction for overlapping benefit (ESA): £483
UC payment: £170

So going forward you should receive:
£170 UC a month (in addition to your housing) 
£111.85 ESA per week
PIP

poppy123456

@Adrian_Scope thanks for confirming my calculations were correct, much appreciated.

sceneparade

Hi @poppy123456 @Adrian_Scope,

I'm now confused. 

I get an additional £336 UC for being In the support group. My ESA increases by £38 per week to £111. However, I lose some of the £336 from UC. So £336 - (4 × 38) = 336 - 152 = £184. 

If I only get £170 then I don't really get 336 extra a month. Because more is taken then given by the above calculations. 

poppy123456

sceneparade said:

Hi @poppy123456 @Adrian_Scope,

I'm now confused. 

I get an additional £336 UC for being In the support group. My ESA increases by £38 per week to £111. However, I lose some of the £336 from UC. So £336 - (4 × 38) = 336 - 152 = £184. 

If I only get £170 then I don't really get 336 extra a month. Because more is taken then given by the above calculations. 

I'm not sure why you're confused, i've tried explaining it in so many different ways, i can't explain it any clearer.

Your ESA increases and so does your UC. The reason why your UC doesn't increase to the full amount of £336 is because your ESA increases. If both the ESA and UC increases to the full amount then you would be receiving the same amount of money twice.

What matters is that you will be £336 per month better off in total. which is 100% correct. As advised, when claiming New style ESA and UC together your new style ESA is deducted £1 for £1 from your UC amount, so there's no financial gain to claiming them both at the same time.

The only advantage is that New style ESA isn't means tested, which means that savings/capital and living with a partner that works doesn't affect the amount, which could potentially be useful in the future.