Appeal won esa and uc can't decide if I can go back,on esa

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  • poppy123456
    poppy123456 Online Community Member Posts: 63,722 Championing
    The work allowance for UC means you can earn that amount of money before you start to see the 63% deductions for every £1 you earn over that amount, for each assessment period.

    How much your work allowance is will depend on your circumstances. If you are claiming housing element then your work allowance is £287 per month, if you don't receive the housing element it's £503 per month.

    As your claim for ESA started before April 2017 then the WRAG decision by the Tribunal will mean that you will receive the extra £126.11 per month, on top of the standard allowance, with the housing element on top, if you need help with your rent.
  • daredevildinks
    daredevildinks Online Community Member Posts: 13 Listener
    Wonderful Thank you I was assuming on the uc esa element that the esa would instantly stop and be turned into job seekers if you went over. Feeling much more positive

  • Alice_Holt
    Alice_Holt Online Community Member Posts: 46 Contributor
    edited March 2020
    Just to reiterate poppy's post.

    UC    Basic  Amount     £318 pm
             LCW addition       £126 pm

    I'm assuming (as you haven't told us otherwise). that you have no rental costs - is this right?

    If your monthly self-employed cash flow is less than £503 pm  (which I am assuming it is apart from that one month).

    Your UC will be £444 pm, which is equivalent to the ESA WRAG you were likely receiving of £102pw 

    As per my earlier posts - because you are in the LCW group the minimum income floor does not apply.
    So, you should have been paid the above amount per month from the time you claimed UC.
    It is because the DWP have assumed a MIR that you have received no UC (MIR is more than your UC entitlement).
    The DWP are incorrect in applying the MIR -  so you need to challenge their decision by requesting a MR  
    https://www.citizensadvice.org.uk/benefits/universal-credit/problems-with-your-payment/challenging-a-universal-credit-decision-mandatory-consideration/
    https://www.gov.uk/mandatory-reconsideration

    "Will call them tomorrow and see what I have to do,next."

    You need to reopen your UC claim - I think there is a rapid reclaim button on your journal.
    You need to tell them / provide proof of the ESA tribunal decision, and your LCW status. 
    As above - you need to challenge the incorrect MIR decision by requesting a MR  

    Per my post on March 17th.

    You should be receiving the above amount of UC (subject to earnings) ongoing, and a recalculated backdate from the start of your claim. For the month your earnings were above £503 the UC will be a lower figure than £444.

    Are you receiving Council Tax support?

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