ESA and moving to a new area.

Birdling

I'm on ESA including Enhanced disability premium and SDP.

I want to move area, to be closer to family, but have been told that i would have to go onto UC, via the natural migration route?

What would this mean to my income, if i claim housing benefit?

OR

If i didn't claim housing benefit, would i still need to come off ESA and claim UC?

OR

Can i request to be invited onto UC early, with Transitional protection?

I'm so confused with the UC benefit, it's so complicated!

Please help!

Birdling

Thank you, in advance!

Topkitten

I'm having much the same worries about UC and ESA. Evidently there is ESA and new ESA and the expected transition is from ESA to UC. new ESA does nt allow housing benefit, you only get help with rent under UC. I'm not actually on ESA now except for receiving the contribution based part but it seems I have to go on new ESA and then to UC to retain what I do have and t get the best benefit situation. Don't know if this answers any questions but it might.

Tk

calcotti

This reply for @birdling
As you have been advised,if you change local authority your existing housing benefit claim ends and you cannot make anew one. Therefore if you need to claim help with rent you will have to claim UC. If you apply for UC that ends any income based ESA. Any contribution based ESA continues and is taken into account when calculating the amount of UC payable.

if you don’t claim help with rent then your ESA will just continue as existing.

it is impossible to say how this affects your income because we don't Know enough about your circumstances, however you can use a benefits calculator to make a comparison https://www.gov.uk/benefits-calculators, or get advice from an advice agency.

Birdling said: Can i request to be invited onto UC early, with Transitional protection?

You simply apply for UC. As a ‘natural’ migrant you do not get the transitional protection that will be provided to ‘managed’ migrants. If you get the SDP in your ESA you would get some extra money in your UC provided you still meet the qualifying conditions at the t8me of transfer.

Birdling said:

I'm so confused with the UC benefit, it's so complicated!

Just think of UC as paying ESA and HB as one benefit.

calcotti

This reply for @Topkitten

Topkitten said:..I'm not actually on ESA now except for receiving the contribution based part but it seems I have to go on new ESA and then to UC to retain what I do have and t get the best benefit situation. 

You do not have to go onto new style ESA and then UC. If you apply for UC your contribution based ESA will continue but come under new style ESA rules. This happens automatically as a result of applying for UC.

(For others, topkitten’s situation is discussed can in this thread 
https://forum.scope.org.uk/discussion/82827/confused-about-my-potential-benefit-entitlement#latest)

Birdling

calcotti said:

This reply for @birdling
As you have been advised,if you change local authority your existing housing benefit claim ends and you cannot make anew one. Therefore if you need to claim help with rent you will have to claim UC. If you apply for UC that ends any income based ESA. Any contribution based ESA continues and is taken into account when calculating the amount of UC payable.

if you don’t claim help with rent then your ESA will just continue as existing.

it is impossible to say how this affects your income because we don't Know enough about your circumstances, however you can use a benefits calculator to make a comparison https://www.gov.uk/benefits-calculators, or get advice from an advice agency.

Birdling said: Can i request to be invited onto UC early, with Transitional protection?

You simply apply for UC. As a ‘natural’ migrant you do not get the transitional protection that will be provided to ‘managed’ migrants. If you get the SDP in your ESA you would get some extra money in your UC provided you still meet the qualifying conditions at the t8me of transfer.

Birdling said:

I'm so confused with the UC benefit, it's so complicated!

Just think of UC as paying ESA and HB as one benefit.

Thanks for the info above.

So if i don't claim housing benefit, at my new address. I just need to tell ESA, that i have moved home and want to continue my claim of ESA and SDP?

Would claiming Council tax benefit, also initiate a UC claim?

Thanks again.

knucklehead

Sorry to butt in but what happens if you move to a different borough but go into a private rent property and claim local housing allowance while on IR ESA would that also kick a move onto Universal Credit?

calcotti

Birdling said: So if i don't claim housing benefit, at my new address. I just need to tell ESA, that i have moved home and want to continue my claim of ESA and SDP?

Correct - but obviously you will then be using a significant amount of your ESA to pay your rent.

Birdling said: Would claiming Council tax benefit, also initiate a UC claim?

No.

calcotti

knucklehead said:

Sorry to butt in but what happens if you move to a different borough but go into a private rent property and claim local housing allowance while on IR ESA would that also kick a move onto Universal Credit?

That is exactly the question that has been answered in this thread. If you move to a new local authority you cannot start a new Housing Benefit claim (unless you are in supported accommodation), so if you want help with rent you have to claim UC which ends entitlement to income based ESA.

knucklehead

I assumed the question answered was referring to normal housing benefit for social housing, I was just querying the private rent situation for local housing allowance I thought different rules may apply. So the situation there is the same. Thank you for clarifying.

calcotti

knucklehead said:

I assumed the question answered was referring to normal housing benefit for social housing, I was just querying the private rent situation for local housing allowance I thought different rules may apply. So the situation there is the same. Thank you for clarifying.

Local Housing Allowance is the mechanism for determining how much Housing Benefit or housing costs with UC a claimant is allowed. LHA is not a separate benefit. People renting in the private sector claim Housing Benefit or UC if they want help with rent.

knucklehead

Ok I understand it now, I am on IR ESA so if I wanted to privately rent a property in another area it would trigger a move to Universal Credit for local housing allowance to be paid but if I stayed within my current council area i could stay on ESA and claim local housing allowance normally. The whole process is so complicated. 

calcotti

knucklehead said:

Ok I understand it now, I am on IR ESA so if I wanted to privately rent a property in another area it would trigger a move to Universal Credit for local housing allowance to be paid but if I stayed within my current council area i could stay on ESA and claim local housing allowance normally. The whole process is so complicated. 

None of this is automatic.
If you already receive Housing Benefit and you move within your existing local authority then the change is just a change of circumstances to your existing claim.
If you already receive Housing Benefit and you move out of your existing local authority then that ends the Housing Benefit claim. You cannot make a new claim in the new local authority and would need to claim UC to get help with rent (unless you are moving into supported accommodation in which case Housing Benefit can be claimed). If you know you are moving out of area then it may be better to switch to UC before moving so that you get the two week overlap of HB and UC - but that would depend on the full circumstances.
If you don't already receive Housing Benefit you cannot claim it regardless of which local authority you start to rent in. You would need to claim UC to get help with rent (unless you are moving into supported accommodation in which case Housing Benefit can be claimed).
The act of applying for UC is what would end the IR ESA.

knucklehead

I just wanted to make sure I was armed with all the correct factual information before I went ahead started applying for properties I need to move home for mental and physical health reasons. I am single so all I am likely to be offered in the social housing sector is a 1 bed flat and even then I would have to fight for that as it is a bidding system and I am in low priority band so always overlooked for anywhere decent. This is the reason I have considered the private housing sector. I already receive housing benefit but my reluctance to move over to Universal Credit is the fact that I would be £85 per week worse off losing the enhanced and severe disability premiums I currently receive on ESA. I’m now enlightened to the fact that I need to stay within my current local authority in either case to keep receiving HB and stay on ESA.