ESA and UC - will I need to do a work assessment?

casperanimation
casperanimation Online Community Member Posts: 16 Connected
I have applied for PIP and currently have legacy ESA contribution (and my husband is on esa too, he cares for me as well). I was about to apply for UC but someone suggested that the ESA won't count towards being ill long term and I would automatically have to do work interviews? Is it worth waiting for PIP decision? Though this can take a long time and I am concerned about that. The thought of having to go through all the interviews etc again really puts me off as I assumed being in the ESA support group will mean I don't have to look for work if I apply for UC? My health has deteriorated massively over the last 24 months which is why I applied for PIP but have been advised I can apply for UC too (I originally thought I couldn't with ESA).
Any advice appreciated - thank you.

Comments

  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    I note from another thread that you are both individually claim the old Contributions based ESA. Have you used a benefits calculator for a benefits check before you apply for UC?
    Anyone can apply for UC but it doesn't mean they are entitled to it. If you claim UC then both your ESA's will continue as normal and be deducted in full from any UC. Whether there's any entitlement will depend on your circumstances.
    I note you're claiming child benefit. Do you claim child tax credits as well? Are you also claiming housing benefit for help with any rent?
    You can use this benefits calculator to check whether you would be better off. https://www.entitledto.co.uk/benefits-calculator/Intro/Home?cid=f31fe255-657e-46b7-9581-2a7512ac7aaa

  • calcotti
    calcotti Online Community Member Posts: 10,001 Championing
    Picking up some points of your post
    I was about to apply for UC but someone suggested that the ESA won't count towards being ill long term and I would automatically have to do work interviews? 
    If you are getting ESA at the time a UC claim is made then the work status will be carried across (although they can take a while to sort it out). If you are in the Support Group then you will be entitled to the LCRA element of UC from the start of the claim. If you are both in ESA Support Group you will only get one LCWRA element (you can't be paid two).
    Is it worth waiting for PIP decision? 
    Whether or not you get PIP would make no difference to work requirements on UC. However in your case you will not have any work search or work related requirements if you are transferring across from ESA.

    As poppy  has said - please check whether you actually have any UC entitlement before going through the process of claiming.

    From the other thread I understand that at present you are both being paid contribution based ESA (£117.60/week each) and are claiming Child Benefit for one child but are not claiming anything else.

    In https://forum.scope.org.uk/discussion/95718/how-to-show-we-are-low-income-uc-the-answer#latest you said you have done a calculation that suggests you might get about UC £150/month. However I can't see how this was arrived at.

    UC would be standard allowance £334.91 plus LCWRA element £354.28 and child element £290. There are no housing cost because you live with your parents. That makes £979.19/month as a maximum amount. Your existing ESA of £235.20/week is equivalent to £1019.20. This is greater than the maximum UC amount so no UC would be payable.

    You cannot claim UC if you have joint capital of more than £16,000.
    If you have joint capital over £6,000 that will reduce the UC you receive.

    If you are subsequently awarded PIP which includes the Daily Living component your husband could claim the carer element for looking after you and would then be entitled to the carer element of UC which would increase your entitlement. That would add £168.81 to your UC raising the maximum amount to £1,148. After deducting the ESA that would leave a monthly UC payment of £128.80/month.

    The above makes no allowance for any other deductions that may apply.

  • casperanimation
    casperanimation Online Community Member Posts: 16 Connected
    I note from another thread that you are both individually claim the old Contributions based ESA. Have you used a benefits calculator for a benefits check before you apply for UC?
    Anyone can apply for UC but it doesn't mean they are entitled to it. If you claim UC then both your ESA's will continue as normal and be deducted in full from any UC. Whether there's any entitlement will depend on your circumstances.
    I note you're claiming child benefit. Do you claim child tax credits as well? Are you also claiming housing benefit for help with any rent?
    You can use this benefits calculator to check whether you would be better off. https://www.entitledto.co.uk/benefits-calculator/Intro/Home?cid=f31fe255-657e-46b7-9581-2a7512ac7aaa

    Yes I did a calculator and it says about £30ish a week as well as both ESA and CB. Apologies I forgot to mention the CB! I am also currently not entitled to free school meals for my son, prescriptions etc and being in receipt of UC would help me with that.
    Never claimed tax credits and we live with relatives (originally had to move out of our home after losing jobs due to health) so no housing element. 
    Thank you :)
  • calcotti
    calcotti Online Community Member Posts: 10,001 Championing
    casperanimation said: Yes I did a calculator and it says about £30ish a week ..
    Does that assume that one of you claims the carer element? It will not be possible to claim this unless one of you is awarded Daily Living PIP.
  • casperanimation
    casperanimation Online Community Member Posts: 16 Connected
    calcotti said:
    Picking up some points of your post
    I was about to apply for UC but someone suggested that the ESA won't count towards being ill long term and I would automatically have to do work interviews? 
    If you are getting ESA at the time a UC claim is made then the work status will be carried across (although they can take a while to sort it out). If you are in the Support Group then you will be entitled to the LCRA element of UC from the start of the claim. If you are both in ESA Support Group you will only get one LCWRA element (you can't be paid two).
    Is it worth waiting for PIP decision? 
    Whether or not you get PIP would make no difference to work requirements on UC. However in your case you will not have any work search or work related requirements if you are transferring across from ESA.

    As poppy  has said - please check whether you actually have any UC entitlement before going through the process of claiming.

    From the other thread I understand that at present you are both being paid contribution based ESA (£117.60/week each) and are claiming Child Benefit for one child but are not claiming anything else.

    In https://forum.scope.org.uk/discussion/95718/how-to-show-we-are-low-income-uc-the-answer#latest you said you have done a calculation that suggests you might get about UC £150/month. However I can't see how this was arrived at.

    UC would be standard allowance £334.91 plus LCWRA element £354.28 and child element £290. There are no housing cost because you live with your parents. That makes £979.19/month as a maximum amount. Your existing ESA of £235.20/week is equivalent to £1019.20. This is greater than the maximum UC amount so no UC would be payable.

    You cannot claim UC if you have joint capital of more than £16,000.
    If you have joint capital over £6,000 that will reduce the UC you receive.

    If you are subsequently awarded PIP which includes the Daily Living component your husband could claim the carer element for looking after you and would then be entitled to the carer element of UC which would increase your entitlement. That would add £168.81 to your UC raising the maximum amount to £1,148. After deducting the ESA that would leave a monthly UC payment of £128.80/month.

    The above makes no allowance for any other deductions that may apply.

    Thank you so much, I do appreciate the info. The calculator implied about £30ish a week on top of the esa (I don't know how to do a screenshot to show this). I am glad to know that the support group will go over when we apply for uc, one of the reasons for applying as well as the extra help was to be able to get free school meals, prescriptions etc as currently we can't get those (I only recently realised the contribution esa isn't means tested, I didn't really understand this previously and as I said I thought the esa was instead of uc).
  • casperanimation
    casperanimation Online Community Member Posts: 16 Connected
    calcotti said:
    casperanimation said: Yes I did a calculator and it says about £30ish a week ..
    Does that assume that one of you claims the carer element? It will not be possible to claim this unless one of you is awarded Daily Living PIP.
    No, I filled the form as I am now - not including pip, carers etc. I will have a look at the form again later and put those answers in place assuming this is what I am able to claim - thanks for this!
  • calcotti
    calcotti Online Community Member Posts: 10,001 Championing
    No, I filled the form as I am now - not including pip, carers etc. I will have a look at the form again later and put those answers in place assuming this is what I am able to claim - thanks for this!
    Can you compare the UC calculation on the calculator with the one in my earlier post.
  • casperanimation
    casperanimation Online Community Member Posts: 16 Connected
    edited October 2022
    calcotti said:
    No, I filled the form as I am now - not including pip, carers etc. I will have a look at the form again later and put those answers in place assuming this is what I am able to claim - thanks for this!
    Can you compare the UC calculation on the calculator with the one in my earlier post.
    I have used the link and the results are (excluding UC and PIP which I am going to apply for)

    Universal Credit

    £34.80 / weekly

    We estimate your monthly Universal Credit award will be £150.80


    New style Employment and Support Allowance

    £235.20 / weekly

    Child Benefit

    £21.80 / weekly

    Universal Credit payment summary (monthly)
    Standard allowance £525.72
    Children£290.00
    Disability or health condition £354.28
    Taken off for earned income (your salary) £0.00
    Taken off for unearned income (benefits and savings) £1,019.20
    Total adjustments £1,019.20
    Total payment for the month £150.80

    Hope this is what you mean :) There is no carers element because I don't have pip yet. Assuming I get the regular daily rate PIP (as a minimum) and my partner cares for me it changes to:

    Universal Credit

    £73.75 / weekly

    We estimate your monthly Universal Credit award will be £319.61


    New style Employment and Support Allowance

    £235.20 / weekly

    Carers Allowance (partner)

    £0.00 / weekly

    Child Benefit

    £21.80 / weekly

    Universal Credit payment summary (monthly)
    Standard allowance £525.72
    Children £290.00
    Carer £168.81
    Disability or health condition £354.28
    Taken off for earned income (your salary) £0.00
    Taken off for unearned income (benefits and savings) £1,019.20
    Total adjustments £1,019.20
    Total payment for the month £319.61

    Still trying to get my head round it all, it's a lot clearer to be fair! Really appreciate the advice.
  • calcotti
    calcotti Online Community Member Posts: 10,001 Championing
    By mistake. I accidentally used the single person standard allowance of £334.91 instead of the couple allowance of £525.72. My apologies.

    The calculation you have done looks correct.

    As advised if you claim UC your husband should declare that he cares for you. If your PIP claim is successful and you get a Daily Living component then he will be able to receive the carer element which will increase your UC as shown in the second calculation you have done.

    my apologies again for your mistake,
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing

    calcotti said:

    UC would be standard allowance £334.91 plus LCWRA element £354.28 and child element £290. There are no housing cost because you live with your parents. That makes £979.19/month as a maximum amount. Your existing ESA of £235.20/week is equivalent to £1019.20. This is greater than the maximum UC amount so no UC would be payable.


    Looking at this calculation again i can the error you made here. You've only included a single person standard element, when you should have included couples rate of £525.72. I didn't notice this when i looked previously.
  • calcotti
    calcotti Online Community Member Posts: 10,001 Championing
    calcotti said:.
    my apologies again for your mistake,
    Should have said my apologies again for my mistake!
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing



    calcotti said:
    By mistake. I accidentally used the single person standard allowance of £334.91 instead of the couple allowance of £525.72. My apologies.


    I didn't see your comment before i posted and have only now just seen it so my apologies for that. Looking at the time we posted it was almost at the same time.
  • calcotti
    calcotti Online Community Member Posts: 10,001 Championing

    calcotti said:
    By mistake. I accidentally used the single person standard allowance of £334.91 instead of the couple allowance of £525.72. My apologies.

    I didn't see your comment before i posted and have only now just seen it so my apologies for that. Looking at the time we posted it was almost at the same time.
    Rookie error on my part!
  • casperanimation
    casperanimation Online Community Member Posts: 16 Connected
    Thank you so much for all your input everyone (@calcotti especially) - means a lot :smile:
  • L_Volunteer
    L_Volunteer Community Volunteer Adviser, Scope Member Posts: 7,922 Championing
    You are welcome @casperanimation. It is the very least you deserve.

    Please don't hesitate to let us know if we can do anything else to support you. We are all here for you and listening to you  :)