Has anyone migrated from ESA to UC by keeping claim open? My savings are about to go over £16k — Scope | Disability forum
New to the community? Remember to read our community guidelines and our community house rules.
Concerned about another member's safety or wellbeing? Find out how to let us know.

Has anyone migrated from ESA to UC by keeping claim open? My savings are about to go over £16k

Laineypops
Laineypops Member Posts: 14 Connected
edited October 14 in Universal Credit (UC)
Hi, I will be receiving a lump some of money in the near future that will take me over 16K savings. I have been told that I can keep my ESA claim open and migrate over to UC when it goes below 16K and my support group status will be retained. Has anyone got experience of this? Also I have been told that my ESA claim can be retained and then I can go back to it when I get below 16K in savings? Is this true? Impossible to find out this info online. Thanks 
Tagged:

Comments

  • poppy123456
    poppy123456 Member Posts: 23,752 Disability Gamechanger
    HI,
    I see you were given some advice regarding this on a previous thread, here. https://forum.scope.org.uk/discussion/80188/inheritance-and-benefits#latest
    Did you ever ring DWP to find out what exactly your ESA claim is made up of? If part of it is Contributions based then this will continue because savings/capital do not affect it.
    All means tested benefits will naturally end once the money goes into your account.
    If part of your ESA is contributions based then once your savings go below £16,000 you will be able to report the changes and they will assess circumstances for the income Related part to be added to your ESA.
    If you want to claim help with any rent then yes, you'll need to claim UC.
    If you have a read through the advice on that thread linked about calcotti has already given you some good advice.
    The main thing is, for you to find out exactly what your ESA claim consists of.

  • Laineypops
    Laineypops Member Posts: 14 Connected
    Hi, I don’t phone the benefits, it’s too stressful. I’ve looked at my ESA letter and I’m income related only. I was looking for anyone who had actual experience from keeping an esa claim open  and keeping their NI credits, and then migrating to UC as Calcotti has mentioned. Finding it hard to find out more about that side of things. I have heard you can’t keep ESA claim open.
  • calcotti
    calcotti Member Posts: 2,997 Disability Gamechanger
    Hi, I don’t phone the benefits, it’s too stressful. I’ve looked at my ESA letter and I’m income related only. I was looking for anyone who had actual experience from keeping an esa claim open  and keeping their NI credits, and then migrating to UC as Calcotti has mentioned. Finding it hard to find out more about that side of things. I have heard you can’t keep ESA claim open.
    As advised in your previous thread
    https://forum.scope.org.uk/discussion/80188/inheritance-and-benefits#latest
    calcotti said:..what you should do is inform ESA about your savings (when you have them). This will end your entitlement to any income based payment. However you can maintain a 'credits only' claim (technically there is no such thing but this is what it is usually referred to). This means you continue to get Class 1 NI credits and that you work capability status is preserved (subject to any health reassessment in the normal way). You would still need to declare your health condition when claiming UC and they would probably expect a Fit Note but you could inform them about the ESA credits only through a note in your journal. You should then be treated as LCWRA which means you don't have to look for work - but I think you would have to wait four months before getting the extra money.
    I should however correct the last sentence of that previous reply - I now think that if you are getting credits when you claim UC you will be entitled to the LCWRA element.

    As explained, although even DWP will refer to an ESA credits only claim, you are not actually keeping an ESA claim open, you would be claiming NI credits on the grounds of Limited Capability for Work.

    The situation would be different if any of your ESA was contribution based.


    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • Laineypops
    Laineypops Member Posts: 14 Connected
    Thanks, do you know if this happens automatically or do I have to ask for my NI credits to be continued and a credits only claim? 
  • calcotti
    calcotti Member Posts: 2,997 Disability Gamechanger
    I think it should be automatic but I don't have experience of it. I suggest that when you report the capital you state clearly that you wish to continue to receive NI credits on the grounds that you meet the conditions for the ESA Support group.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • Laineypops
    Laineypops Member Posts: 14 Connected
    Ok thanks. Would be great to hear if anyone has had actual experience of having to do this. Have you actually seen this written in DWP legislation? Be great to have a copy of it .
  • calcotti
    calcotti Member Posts: 2,997 Disability Gamechanger
    edited October 14
    Have you actually seen this written in DWP legislation?
    Although administered by DWP the claiming of NI credits on the grounds of Limited Capability for Work isn't part of a benefits legislation. It comes under the Social Security (Credits) Regulations 1975.
    The Social Security (Credits) Regulations 1975 (legislation.gov.uk)
    Regulation 8B (2) (iv), (iva) and (v)

    I can't find a regulation in the Universal Credit Regulations 2013 which deals with whether or not the LCWRA element is payable from the start of the claim if the claimant is getting NI credits and I remain unsure about this. There was guidance about LCW element (for those eligible) starting from the start of the claim for claimants in receipt of credits on the grounds of LCW. See
    ADM Chapter F5: The LCWRA element (publishing.service.gov.uk)
    Appendix paragraph 14.
    By inference I would expect the LCWRA element to start from the beginning of the claim - but I can't confirm this.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • calcotti
    calcotti Member Posts: 2,997 Disability Gamechanger
    edited October 14
    Upon further investigation I have found this which confirms LCWRA would be payable from start of the claim
    ADM Chapter M6: Effects of transition to UC – Digital service area (publishing.service.gov.uk)
    paragraphs M6225 and M6226.
    M6225 Where
    1. an award of UC is made to a claimant who was not entitled to old style ESA on the relevant date (see M6221) and
    2. before the relevant date, it had been determined that the claimant would have LCWRA and
    3. the notional assessment phase had ended the claimant is treated as having LCWRA without the need for the WCA . ..

    M6226 Where M6225 applies, the LCWRA element is normally included in the amount of UC award to the claimant from the beginning of the first assessment period . The guidance about the relevant period before which the element is not included in the UC award in ADM Chapter F5 (LCWRA element) does not apply.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • Laineypops
    Laineypops Member Posts: 14 Connected
    That’s great, thank you so much. Much appreciated.

Brightness

Do you need advice on your energy costs?


Scope’s Disability Energy Support service is open to any disabled household in England or Wales in which one or more disabled people live. You can get free advice from an expert adviser on managing energy debt, switching tariffs, contacting your supplier and more. Find out more information by visiting our
Disability Energy Support webpage.

Fancy a chat in our virtual coffee lounge?

Put the kettle on and have a chat in our coffee lounge with other members. We talk about hobbies, games and anything else you can think of!

Cerebral Palsy (CP) Online Cafe

Here's a new opportunity for people with CP or a similar disability (aged 20+) to get together and chat. The sessions are in partnership with CP Sport so you can find out more and meet people from both organisations.

Are you struggling?

Read our 'Coping with stress, low mood and isolation' support thread for a run-down of ideas on how to banish those blues and feel happier.

What do you think about the community?

Complete our feedback form and tell us how we can make the community a better space for you.

Information about COVID-19

If you have questions about the virus, please read our information and support which includes guidance on benefits, getting food and essentials and Cerebral Palsy.

Back to school this September?

Read tips on how to settle back in and handle any worries you or your children might be having this new term.