ESA is stopping, true or false ?
Hi, I'm new here so please accept my apologies if Iv'e not followed the correct procedures, this is my first post. I am in my 70's & act as an unpaid carer for my son & his partner who are both disabled. They both have learning difficulties & are in a support group. Both we're claiming ESA & PIP, that is until they both received a migration notice ( 3 weeks apart ) to move to UC. I remember the official migration letters both said that " you will soon stop getting the following benefits - Income related ESA & you must claim UC by a certain date." This is where things became a little complicated because after filling in the form & getting the first payment it was clear that my son was still getting his ESA but at a reduced rate, whilst his partner's ESA stopped & continued on with UC payments. After a while it became clear that my son's UC had an amount deducted for " average ESA payments received ". I realised that my son's benefit was £50 ish lower than his partners. A couple of months past & I contacted the Jobcentre about this & was told yes an average would be deducted each month for from UC & that an adjustment would be made at the end of the year if needed. This means he is £50 worse off every month & presumably would get a large lump sum next April ? Neither my son or his partner have ever worked so I am at a loss as to why they are being treated differently. If anyone has the answer then I would be pleased to hear it.
Thanks in advance
Comments
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His award prior to migration was both Contributions Based & Income Related ESA.
If he claimed the old Incapacity Benefit, or ESA (before a certain time) under special Youth Rules, this gave him entitlement to a CB based benefit without employment history.
When Incapacity Benefit later changed to ESA this was for CB ESA with an IR top up if applicable.
Your sons partner probably had a different route to ESA with no claim/entitlement for a CB benefit.
Please see this thread for information on what happens with a mixed ESA claim upon migration to UC:
He isn't any worse off by getting both UC & New Style ESA, see this thread for calculation, there is no "end of year adjustment".
UC Standard Allowance +LCWRA pays £823.41 a month. Your son receives the same amount but with most of that coming from New Style ESA, topped up by UC.
(this is excluding any Housing Element or Transitional Protection)
Many people have no idea what their ESA award was made up of until they migrate, it's one of the most common questions I personally see here.
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Thank you Kimi87,
Iv'e read a lot of the comments you have indicated & what an eye opener it has been. Luckily, I have a background of never having to have claimed any benefits in the past as I have been lucky in health etc. One question arises from my original post & that is if my son voluntarily stops his ESA benefit then would his UC increase to the same level as his partner ?
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Yes if the New Style ESA stopped, his UC would increase although as demonstrated the amount of money he receives would be exactly the same.
Some people prefer to remain on New Style ESA as fortnightly payments are easier to budget with, and if there was a change in circumstances such an inheritance which ended UC, NS ESA would continue to remain in payment - and if the capital reduced in future meaning eligibility for UC again, he would automatically receive LCWRA (due to having the NS ESA) without having a new medical assessment or waiting period (three full assessment periods) before LCWRA became payable.
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ESA is stopping, true or false ?True.
Under DWP plans, a new unemployment insurance will replace JSA and ESA.
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Further to my original post, can anyone confirm that this is correct. My son used to get £240.55 per week on Income Related ESA but since his UC started has been reduced to £140.55 per week. His UC started at £1060.15 with a deduction of £609.05 which gives £451.10. Therefore he gets £451.10 + £562.20 = £1013.30 This means he loses £47.05 each month. Whilst we have been told that any adjustments will take place at the end of the year We don't see why he should suffer the reduction throughout the year. Why are the DWP taking an average from him monthly rather than the correct sum ?
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As I previously advised the Job Centre were incorrect to say there would be end of year adjustments.
Your calculation is incorrect.
UC is a monthly benefit and ESA is a weekly.
You've added up 28 days ESA and 30 of UC.
Previous monthly ESA award:
£240.55 x 52 /12 = £1060.15.
To convert a weekly benefit to a monthly you multiply the weekly amount by 52 then divide by 12.
The correct figures to calculate his monthly income now are:
£609.05 NS ESA + £451.10 UC =£1060.15
Information here that I already posted regarding how the £609.05 NS ESA deduction is worked out:
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Thank you Kimi87 for your persistance with this. I can now see your figures are correct. I have been miss informed by the Job Centre. What was confusing me all along is that my son's partner is receiving 12 x £1060.15 whereas my son is receiving 12 x £451.10 + 52 x £140.55 which both amount to the same. I got there in the end……Thanks again
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