universal Credit Award Wrong!

sarahfurness
sarahfurness Online Community Member Posts: 11 Listener
edited August 11 in Universal Credit (UC)

Hi - i am financial power of attorney for my sister. she has transitioned from ESA to UC. I have now been told my sister's award amount through her UC account. It is only £400.14. I believe this is the basic rate. She previously received over £600 income based ESA. There is no explanation of why she has been only awarded the basic rate.

She does have an overpayment on her ESA which they are calculating the repayments for. But she was receiving supplements for being in the support group and being disabled.

She is severely mentally disabled, has never worked and little capacity. She needs1-2-1 support and has a DoLS so cannot go out on her own. She pays part of her rent to social care out of her benefits (the local council pay the rest of it). She does not get Housing Benefit.

She does not seem to have received transition protection or any uplift for being disabled.

I will of course appeal -hoping they have made a mistake. However, I'm really worried and wondered if this often happens that such a big mistake is made. Is she likely to get a recalculated payment?

Thank you in advance

Comments

  • Kimi87
    Kimi87 Online Community Member Posts: 7,826 Championing

    It sounds like the LCWRA element has not been added in error.

    This happens more often as the number of migration letters has gone up, leading to delays in ESA confirming previous awards.

    Add a note to her Journal highlighting this.

    You'll know when this has been sorted as a letter will be added to her Journal, confirming the amount owed due to underpayment. The money will then be paid within a few working days.

    If your sister did not receive the Severe Disability Premium with her ESA, she will not be entitled to Transitional Protection as UC Standard Allowance +LCWRA pays more than ESA Support Group without SDP.

    Transitional Protection is only added if entitlement to UC is less than on legacy benefits.

  • sarahfurness
    sarahfurness Online Community Member Posts: 11 Listener

    Hi Thank you so much  That is so helpful.
    I'm not sure what the LCWRA element , sorry:Is it  the  £158.76 uplift if someone is disabled and ESA claim was made before 2017.
    I believe you are correct.  Although she is severely disable with a  DoLS,  her ESA claim say for uplifts£21.20 Disability Income Guarantee£48.50 because she's in a support group.  No mention of severely disabled uplift.
    However, worried that this may not be taken into account as her ESA payments were stopped when she went over the threshold for payments.  Perhaps it is not a mistake and she will not be given the £158,76 uplift.  I would be very grateful if you know whether they are able to do this? thanks so much again

  • Kimi87
    Kimi87 Online Community Member Posts: 7,826 Championing
    edited August 10

    As mentioned in your first post if your sister was in ESA Support Group when she migrated to UC, she will be given the equivalent on UC which is LCWRA that pays £423.27 a month.

    She won't be entitled to additional Transitional Protection as she is better off on UC.

    Previous monthly ESA: approx £700

    New UC entitlement: £823.41

    As advised Transitional Protection is added only if UC award is less than on legacy benefits.

  • sarahfurness
    sarahfurness Online Community Member Posts: 11 Listener

    I have just been reading that as well as those who receive the premium disability payment. those who receive a managed migration notice are also entitled to transitional protection .

    So perhaps my sister should be getting this and they have made a mistake.

    I worried that because her ESA stopped as she went over the limit for saving thiswill have affected her award.

    Any insight to this would be very gratefully received.

    Thank you for reading

  • Kimi87
    Kimi87 Online Community Member Posts: 7,826 Championing
    edited August 10

    I'd suggest consulting a trained benefits advisor to see if her ESA status at the time of migration can be clarified.

    https://advicefinder.turn2us.org.uk/

    I appreciate your sister's status is in doubt, but generally speaking:

    Even with a migration notice, Transitional Protection is only added as I've advised if the total UC award is lower than legacy benefits. This ensures at the time of transfer you aren't worse off.

    Someone migrating from ESA Support Group with Enhanced Disability Premium (as the figures you gave suggest), is not entitled to Transitional Protection because they are better off on UC.

    Previous ESA: Approx £700

    UC award: £823.41.

    No entitlement to Transitional Protection because they get more money on UC.

    Contrast this with someone migrating from ESA Support Group with EDP & SDP.

    Previous ESA

    £1057 approx

    UC award: £823.41

    Transitional Protection then tops up the difference between the two, because they get less money on UC.

  • sarahfurness
    sarahfurness Online Community Member Posts: 11 Listener

    Hello

    Thankyou again- the UC website says the following regarding LCWRA I think

    If you have a disability or health condition

    How much you’ll get

    Extra monthly amount

    If you have limited capability for work and work-related activity

    £423.27

    If you have limited capability for work and you started your health-related Universal Credit or Employment and Support Allowance (ESA) claim before 3 April 2017

    £158.76

  • sarahfurness
    sarahfurness Online Community Member Posts: 11 Listener

    I think my sister's claim was prior to 2017, so her award would be less than her current ESA claim.

    Does this seem correct?

    Should she then be entitle to transitional protection?

    Thanks again

  • Kimi87
    Kimi87 Online Community Member Posts: 7,826 Championing
    edited August 10

    There are two groups for UC just like with ESA.

    UC LCW (Limited Capability for Work) = ESA Work Related Activity Group.

    Payment only applies if awarded under either UC or ESA before April 2017.

    UC LCWRA (Limited Capability for Work Related Activity) = ESA Support Group.

    £423.27 paid under UC.

    You said your sister was in the ESA Support Group.

    As UC Standard Allowance +LCWRA pays more than an ESA Support Group award without SDP, she is not entitled to Transitional Protection as I've advised a few times.

  • sarahfurness
    sarahfurness Online Community Member Posts: 11 Listener

    Ahhh - thank you so much for your patience - think i finally understand. I didn't appreciate the implication of Limited Capability for Work Related Activity. The £158 only applies to people who have limited capability for work Not those in my sister's group who have limited capability for work and work related activity.

    I am speaking to an advisor who has been helping me tomorrow. I can explain what we have discussed- I really appreciate your time and patience :). I am hoping things may work out ok for my sister- it has been extremely stressful process as my sister has extremely complicated health issues too.

    Thanks again

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