In the 12 months before you claimed Universal Credit, were there any gaps in your employment?

hiunique

Hello everyone! I'm currently moving from esa support to UC (some weeks into it processing now). I just got a question on the to-do list. 

" Confirm previous earnings from work

To make sure you get the right amount, you'll need to tell us how much you were paid while you were working.

In the 12 months before you claimed Universal Credit, were there any gaps in your employment?

This does not include paid holidays, maternity or paternity leave.
YES OR NO "

I have been out of work for over 3 years on ESA and PIP only. I read people have the same issue with the question as it can be viewed in different ways. When I ask others or google it. Some people say I should say no and some say yes. I thought it was no but now I am swaying to yes because it is one big gap in employment on the other hand it feels saying yes is admitting that I was working which I was not. 

I'm getting stressed out as I don't wanna mess anything up with my claim or get less money because I keep seeing people say its for benefit cap which I also dont understand. I just want to reply to it with the correct answer so I don't get pulled later down the line for a mistake. 

So Yes or No and why please.

Thank you for your time.

Ross_Alumni

Hello @hiunique

Welcome to the community, good to see you posting. 

I just wanted to let you know that I have tagged your post as unanswered, and hopefully you will receive a response soon.

Take care

calcotti

Apart from yes/no is there space for you to put an explanation of your answer or is this just a tick box option?

Adrian_Scope

Hello @hiunique.
You would put “yes”. It’s a really poorly worded question which causes no end of confusion. It’s mostly related to the grace period from the benefit cap. 

Your thinking on this is correct, you’d select “yes”.

The benefit cap isn’t relevant to you currently as being in receipt of PIP exempts you from the cap.

Can I ask what prompted the move over to UC? I’m wondering if your support group status from ESA will transition. 

hiunique

calcotti said:

Apart from yes/no is there space for you to put an explanation of your answer or is this just a tick box option?

Just a yes or no tick boxes.

Adrian_Scope said:

Hello @hiunique.
You would put “yes”. It’s a really poorly worded question which causes no end of confusion. It’s mostly related to the grace period from the benefit cap. 

Your thinking on this is correct, you’d select “yes”.

The benefit cap isn’t relevant to you currently as being in receipt of PIP exempts you from the cap.

Can I ask what prompted the move over to UC? I’m wondering if your support group status from ESA will transition. 

Thanks. I needed the option to get housing benefits and needed to move to UC to get it. Im told if I was in support group it will be moved over for the remaining award time so I really hope so or I donno how im going to cope.

calcotti

hiunique said:..Im told if I was in support group it will be moved over for the remaining award time so I really hope so or I donno how im going to cope.

Yes ESA Support Group at time of claim means that you will be entitled to LCWRA element from start of claim. There will be a reassessment at some time just as there would have been on ESA.

hiunique

calcotti said:

hiunique said:..Im told if I was in support group it will be moved over for the remaining award time so I really hope so or I donno how im going to cope.

Yes ESA Support Group at time of claim means that you will be entitled to LCWRA element from start of claim. There will be a reassessment at some time just as there would have been on ESA.

Hi I just got my first payment statement today and it does not have anything for LCWRA. Just the standard payment. I rang and the guy said its held up and still being sorted by a case manager and they have notes on the system. Then he goes on to say I may need sick notes or I may be reassessed. Im seriously stressed out. 

hiunique

Hello again! I'm switching from ESA support to UC. I just got my first payment statement on UC and it only has standard payment. Nothing about disability rate or LCWRA. I rang them and the guy on the phone was saying its being processed by a case manager and that I may need sick notes and reassessed. First off does anyone know when my LCWRA would kick in and second how do I deal with this. The guy is wrong from what I'm told I should be transferred over to equivalent group in UC without reassessment. Im totally stressed out I just want to give up. I also just got PIP both enhanced in 2021 with evidence also used in my ESA renewal in (2020 I believe). I'm told maybe leave a message on UC for the case manager but it really does not give me the option. On the phone he said it should kick in eventually. 

What do I do? I feel powerless. I can barely cope today.

calcotti

A delay getting LCWRA in the first month is not uncommon.
Getting Fit Notes can smooth the process but are not legally required if you are in ESA Support Group and I wouldn't confuse the issue by providing nay now. If asked to provide them just say atet as you were in the ESA Support Group when you claimed you are not required to provide Fit Notes and should be treated as having LCWRA. You can be reassessed at any time (just as you could on ESA) however I wouldn't take much notice of what you were told. These things are often said without much understanding of the regulations.

hiunique said: Hi I just got my first payment statement today and it does not have anything for LCWRA. Just the standard payment. 

Has it at least got the housing element that you switched for?

Was your ESA entirely income based and has therefore now stopped or are you still getting contribution based ESA?

Adrian_Scope

As @calcotti said, your ESA support group will transition and you'll be awarded LCWRA. It might be worth you adding a note to your journal for your Case Manager explaining you were in receipt of ESA and in the support group when you claimed UC. 
Is your housing element correct? 

calcotti

This is covered in your other thread here
https://forum.scope.org.uk/discussion/82790/in-the-12-months-before-you-claimed-universal-credit-were-there-any-gaps-in-your-employment#latest
As advised in that thread delays in the first assessment period are not uncommon. 
If you want to leave a message then you can do so through your journal. say it is about payments and it should be seen by the case manager.

hiunique

I moved over to prepare for moving out of family home which I have to leave. I have not got the place yet plus the money was better because I was not entitled to some premiums on esa.

Thanks for the replies. So yall think its just a bit delayed just? My anxiety is through the roof. Would it be backdated if just delayed?

I put this in the journal:

Hello. Can this be forwarded to my case manager. May I have a update on my claim. Im transferring over from ESA Support and I got my first payment statement and it has nothing for LCWRA. Please revise my u.c. award to include the LCWRA element as appropriate from the date I first claimed UC, based on my previous ESA support entitlement. Simply migrating from ESA to UC does not give valid / lawful grounds for reviewing my claim, as the guidance and legislation shows. I also just got PIP both enhanced in 2021 with evidence also used in my ESA renewal in (2020 I believe). Please update me and thank you for your time.

Seriously making myself ill today cant even eat. 

calcotti

hiunique said:..Would it be backdated if just delayed?

Once it is sorted they will produce a revised statement for the month and you will get paid any money due (although again there may be delay doing that).

Cher_Alumni

Hi @hiunique

Just to let you know, I've merged your threads together so we can keep all responses for you in this one spot.  Are you feeling clearer about the situation now?  

I hope our members responses have helped quell your anxiety and you're able to relax.  Have you had something to eat?  If not, maybe try a small snack to keep your strength up.

Please let us know how you get on and ask away with any further questions you have.  Take care.

hiunique

Thank you for the replies and your time.

hiunique

Hello again. I'm extremely stressed and worried and finding it hard to cope with less money than Im used to since the 8th of July. Now I got this to which I understand: You have been getting an extra £86.67 each month since 14 August 2021. This is a temporary increase because of the coronavirus (COVID-19) pandemic. This increase will end soon. which wont help at all.

I got this from case manager on 10th of Aug:

"Morning

I have been in contact with WCA to find out what progress has been made so far regarding your transfer from ESA to Universal Credit and LCWRA and I will get back to you once I hear from them. 

Kind Regards,"

Am I overthinking and need to wait it out? I keep thinking they messed up my claim or something is wrong. I cant get it out of my head and focus on other things even tho the replies here made me feel better for a while. The lack of information is playing havoc on my mental illness. 

poppy123456

Unfortunately, the £86 per month increase was only every temporary and will end in October. With regards to your LCWRA element it should be an easy process to transfer your Support Group award over to UC and for the LCWRA element to be added to your claim, although it can sometimes take a couple of months.

The message you had from the Case manager says they've been incontact with WCA? WCA means work capability assessment so i'm unsure what they mean by that.

If you haven't already done this recently put a message onto your journal under the payments section and ask again what's happening with the LCWRA element.

wilko

Hello, I was on ESA support group, and a month before my 66th birthday I applied for universal credit as advised to do before my retirement date. All started ok then the question appeared as the same as the original poster. I answered and I kept receiving the same message. So I requested a phone call to clear the mater up as we where going round and round. After confirming I had been claiming ESA support group for the previous 4 years and my wife Carer’s Allowance for the previous 2 years the matter was resolved. I can fully understand how snd why some people have a mental breakdown in situations like these 

hiunique

wilko said:

Hello, I was on ESA support group, and a month before my 66th birthday I applied for universal credit as advised to do before my retirement date. All started ok then the question appeared as the same as the original poster. I answered and I kept receiving the same message. So I requested a phone call to clear the mater up as we where going round and round. After confirming I had been claiming ESA support group for the previous 4 years and my wife Carer’s Allowance for the previous 2 years the matter was resolved. I can fully understand how snd why some people have a mental breakdown in situations like these 

It just keeps going round and round. I have tried to get help and cant resolve anything. I cant eat I cant sleep I feel ill all day. I was on ESA support and I am on PIP for mental health reasons and im finding it hard to cope. Any change to my life and not being able to put it behind me makes me 1000 times worse. Not everyone understands how it feels to not get feedback for weeks and weeks and for your mind not to worry worry worry. To expect to wait when you feel so bad you get bad thoughts coz you already deal with mental stress. I'm just getting sick to death of checking to the point im thinking about giving up and going homeless. I could be overblowing it and people may see it that way but to me I feel very unwell and want it to go away. Thank you for sharing wilko as I know im not alone.

hiunique

Hello again. I got this reply:

Hi Can you report a fit note on your account so we can refer you for assessment.

Thanks

Stephen

poppy123456

It's not unusual for them to ask for fit notes but these shouldn't been needed because you were previously claiming ESA so this award should transfer to UC, as advised.

Did you put a message onto your journal as advised by Calcotti? If you haven't then you should do that and tell them that you were previously claiming ESA and tell them which group you were in for this and point out to them that your award should have transferred with you.

Although as with ESA they can reassess you at anytime.