Contribution based New Style ESA vs Universal Credit

poppy123456

Thanks Adrian. Then I agree with you that the LCWRA element should be included from this month.

calcotti

Adrian_Scope said:

@calcotti, the poster mentioned a few dates for ESA and it seems it has increased to support group from this month. 

"I started receiving EESA on 10/01/22, initial payments were £149.40 a fortnight. This did increase to £213.89 on 01/03/22. My most recent payment was 07/03/22 for £228.20."

Thanks Adrian - I too am finding it very difficult to keep track of things now!

That means ESA is now correct. The payment on 01/03/2022 was partly at the assessment rate and partly at the Support Group rate (although I can't see how they would arrive at £213.89!).

It also means that the UC deduction for the ESA is correct for a whole month deduction.
However as the ESA Support Group payments started part way through the UC assessment period UC should have made a pro rata deduction rather than a full month deduction. I estimate Support Group started on 19th February so within UC AP from 28th January to 27th February would be 21 days at the assessment rate and 9 days at the Support Group rate. That would be a deduction of about £350 rather than £494.

I agree with Adrian that it looks as if the LCWRA element should have been included in the March payment.

OP I suggest you post a payment query in your journal:
I note that in my March UC payment you deducted £494.43 for ESA which is at the Support Group rate. However it is my understanding that as my ESA changed from the assessment rate to the Support group rate part way through my UC assessment period you should adjust the deduction to take account of when the change in my ESA occurred. Refer to Advice for Decision Making Staff paragraph H5210. Please recalculate the deduction accordingly and then recalculate my UC March entitlement.

(If you have a letter from ESA confirming what date your Support Group payments start from you should add "According to a letter from ESA my Support group payments started on xxxx.")

The above note would be in addition to posting a query as suggested by Adrian stating that you believe you should have received the LCWRA element in your march payment.

AreTheySpiteful

Thanks to everyone, I posted the question on my journal about them taking the £494.43. I’ll see what the response is tomorrow and let you know. You’ve all dialled my stress levels down so gratitude in abundance. Have a lovely evening 

wendy41

AreTheySpiteful said:

Thanks to everyone, I posted the question on my journal about them taking the £494.43. I’ll see what the response is tomorrow and let you know. You’ve all dialled my stress levels down so gratitude in abundance. Have a lovely evening 

journal on UC is the best way to get things across. As they do pick it up. For anyone you talk to about UC or esa etc; keep a date and name of the person you spoke to. That way you have it to hand when having to reiterate to someone new. Hope you get it sorted out soon. Citizens advice have a website that you can search for things on is quite useful. https://www.citizensadvice.org.uk/

AreTheySpiteful

AreTheySpiteful said:

Hi everyone, I’m new here. I attached screenshots not realising they’re not allowed, so please bear with. 

Hoping someone can help as I’m exhausted, in pain, anxious and I can’t believe what’s happening to me. 

I was recently diagnosed with rheumatoid arthritis and the past five months have mainly been looking for pain management, going for xrays and ultrasounds etc. 
I have been signed off work since being diagnosed and was told to apply for Contribution Based New Style ESA and at the same time to apply for Universal Credit. I did the UC capability medical exam and was assigned to the support group

I’ve redacted information about myself. 

Now when I visit EntitledTo, that website gives me this information…

That result is fantastic and would be fantastic to have. UC have been decimating everything from me financially. They claim that I’m on £495 approx from ESA. They’re not taking into account that I’m on CBNSESA, which doesn’t seem to make sense as all I get paid from CBNSESA at the moment is £149 a FORTNIGHT. 
UC told me to phone ESA and tell them to update their records. I was on hold for 35 minutes before the call was answered. Advisor stated that I should be getting what EntitledTo stated in that screenshot. BTW, I can’t believe UC got me to phone ESA and I WAS ON HOLD for 35 minutes. I’ve phoned the UC helpline twice, both times the advisor stated that my payment doesn’t look correct and the case management should rectify it. 

Wait, it gets worse. 

My rent has spiralled into arrears. UC are taking £65 from my UC for rent arrears!! UC is putting me more into debt. I can’t believe all this is happening to me. I’m going to show you two recent payment breakdowns from UC…

The pages didn’t upload in order, but you get the gist of it. 

I’ve literally had no money for four months, my rent is getting more and more into arrears. No one at UC or ESA seems to give a damn. 

I phoned CAB and have asked for legal advice, that appointment is next Monday. 

My stress levels are through the roof, it’s 2:20am and I’m writing this. I’m in constant pain and don’t sleep anymore. I can upload what my case manager has explained in a continuum of this post. 

I just need help. It’s like I’m constantly running into brick walls and I’ve had enough. 

I applied for PIP, that decision is ten weeks away because of the backlog. 

Please, anyone in the same position? Anyone has been in this position? 

Any legal advice people here?

Help, please help 

Hi and thanks to everyone who responded to my original post. 

Just to catch everyone up with my ongoing UC tale….
I did post the question that @calcotti put forward. 

That’s their response. 

In my original post I also stated that UC are taking my rent arrears out of the payment to my landlord each month. 

I have asked and asked and asked to everyone who’d listen if this is correct. No response from anyone, no one is interested, no one cares, no one is responsible. 

I received this from my landlord yesterday via email. 

I’ve posted this three times in my UC journal under ‘message your work coach’, ‘a payment’ and ‘service issues’ or whatever they’re called. 

I know they can’t evict me, without a fight anyway. Is it all necessary though? I’ve got the stress related illness and I’m just so tired and fed up of all this nonsense that’s been going on since December (for UC) and since October for me. 

I’m getting on the phone to CAB now to see what is possible. 

Thanks again 

poppy123456

AreTheySpiteful said:

Adrian_Scope said:

Hello @AreTheySpiteful. It sounds like your UC is potentially incorrect. 

When you look at your most recent UC statement, what does it have in the top section? Does it have 'Standard Allowance' and then 'Housing' and then 'LCWRA' before the total? What are the amounts it has given for each section?

Are there any other deductions aside from your housing arrears?

You're welcome to share screenshots as long as they don't contain your full name or address. 

Hi, thanks for replying. I have screenshots with redacted information. I’ll see if I can add to this. 

I can’t see the LCWRA that you mention. 

Thank you. 

I notice in this thread here that they are only paying your landlord £328.78 per month, which is a shortfall of £234.55 per month, which you're supposed to pay yourself.

Seems like this was because you didn't have the LCWRA element on your claim and with the ESA deductions there wasn't enough to pay your landlord.

Evictions can take quite sometime.

AreTheySpiteful

https://forum.scope.org.uk/discussion/comment/491406#Comment_491406

@Adrian_Scope hi, hope you’re good. What do you make of this? Thank you.

poppy123456

They can evict you if you're in arrears for your rent. You can apply to your local Authority for a discretionary housing payment for help with any shortfall of rent. https://www.gov.uk/government/publications/claiming-discretionary-housing-payments/claiming-discretionary-housing-payments

It's only paid for a short period though before you need to reapply. You may also want to get some help with filling out the forms because they're very complex.

Adrian_Scope

Hello @AreTheySpiteful. My first question may seem a little irrelevant but I just want to check something.

1- When you first claimed UC (I assume on the 28th October 2021) did you report having a health condition or disability to UC?

If you're unsure, you should be able to scroll back in your journal and see when you first reported. Could you also double check the dates your fit note began and what date it was reported?

The reason I ask is they are saying you miss out on an entire month's payment for the sake of 3 days, and I'm wondering if it's possible to argue you self-certified on those days.

2- They mention an "overpayment" of £170, have you had a letter confirming this? It's my understanding you should have an underpayment as they deducted more than they should have, not the other way around.

AreTheySpiteful

https://forum.scope.org.uk/discussion/comment/491621#Comment_491621

Thanks for getting back to me @Adrian_Scope the letter I have attached and the first paper trail of me with this health condition was October 9th ‘21. Work coach at UC stated that this doesn’t count until a period of time has passed. Their safety net or something she said. Just so UC know it’s a long term case, they don’t use the first fit note or something. I’ll post the screenshot somewhere as I can’t seem to on this

Adrian_Scope

Hello @AreTheySpiteful, you should be able to upload them here now by selecting either the 'Upload Image' button or 'Upload File' button. If not, feel free to private message me.

AreTheySpiteful

https://forum.scope.org.uk/discussion/comment/491800#Comment_491800

https://forum.scope.org.uk/discussion/comment/491406#Comment_491406

https://forum.scope.org.uk/discussion/comment/491548#Comment_491548

There it is, managed it @Adrian_Scope

calcotti

That may be correct. When you said your ESA started on 10th January I took you to mean that was your claim start date but if 10th January was the date you received your first payment then the claim start date would be 28th December because the payment on 10th January would be for the 14 days from 28th December to 10th January (inclusive).