ESA and UC lcwra — Scope | Disability forum
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ESA and UC lcwra

Charlieniblett
Charlieniblett Member Posts: 54 Connected
Just a quick question, if you’ve been put in the support group for Esa and then go on to claim UC, does the time delay (3 period assessment) still apply?

Comments

  • calcotti
    calcotti Member Posts: 6,378 Disability Gamechanger
    edited February 2021
    If you are in the Support Group when you apply for UC your status should be transferred across as LCWRA for UC and you are entitled to receive the LCWRA element in your UC calculation from the start of the claim.

    (If however you are in the assessment phase of new style ESA when applying for UC then UC will apply a 3 month wait before including the LCWRA element so a claimant could be getting ESA Support payment but not the LCWRA element. I am not sure that this is legally correct but is what DWP guidance says.)
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • Charlieniblett
    Charlieniblett Member Posts: 54 Connected
    Ah that makes sense, we applied for UC 28/01, but we’re already in the assessment period for esa. So I presume the 3 months will apply for UC lwcra in this case?
  • calcotti
    calcotti Member Posts: 6,378 Disability Gamechanger
    edited February 2021
    "We applied for UC, but we’re already in the assessment period for ESA" is different to "if you’ve been put in the support group for ESA and then go on to claim UC".

    When did you apply for ESA? Did you ask for it to be backdated at all, if so what would be the start date of any award?
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • Charlieniblett
    Charlieniblett Member Posts: 54 Connected
    We applied for esa 28/11, had the assessment 2 weeks ago and sent off for the report Monday, which I received Thursday and we have been put in the support group according to the report. We haven’t received the official letter from the decision maker yet though.
  • Charlieniblett
    Charlieniblett Member Posts: 54 Connected
    The start date was 23/11, this was the date of the first fit note also
  • calcotti
    calcotti Member Posts: 6,378 Disability Gamechanger
    edited February 2021
    It's not going to make much difference because the claims are close together. The earliest UC AP will include the LCWRA element is 28th February to 27th March (payable on 3rd April). The ESA Support Group component would, based on a start date of 23rd November, be payable from 22nd February (if I've worked it out right) so I think there will be a slight reduction to your UC for the 28th January to 27th February AP because of the overlap.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • Charlieniblett
    Charlieniblett Member Posts: 54 Connected
    Ok, we’ll I’m still waiting for the official letter from esa to confirm support group, so hopefully it all goes to plan. The only reason I applied for UC was because I was furloughed from work, I didn’t even realise it was on option until then, I do wish I’d applied earlier, but in all honestly my wages probably would have been more than the allowed amount anyway 
  • calcotti
    calcotti Member Posts: 6,378 Disability Gamechanger
    edited February 2021
    You can check entitlement with a benefits calculator https://www.gov.uk/benefits-calculators
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.

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