Employment and Support Allowance (ESA)
If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.
Have your say about your online community! Complete our annual survey.

ESA has stopped

maracmarac Member Posts: 4 Listener
This discussion was created from comments split from: UC, ESA and PIP.

Replies

  • maracmarac Member Posts: 4 Listener
    hi i was on esa after an assesment i got the group i dont know wihich one but i got around 374 a fortnight i have a list of conditions.
    i also get pip.
    i have moved home ,i wnet to make a hsouses ing benefit claim and since then i have virtually been on the same amount as jsa.
    and had to pay my rent out of my pip.
    the houseing part of uc was not alowed to me i appeald this
    but was stil not good enough.
    they stopped my esa.
    its being ten weeks so far
    since any sick pay has stil not gone on and uc and esa keep blameing each other saying they cant even chase it up.
    does anyone know anything about this sort of thing?
    i have mobility problems and on medication for it along with anxiety and deppression

  • maracmarac Member Posts: 4 Listener
    they said to me that i have a ive claim with esa and do not fil in the uc 50 form after changeing their mind twice .
    they then told me esa had a medical form already and now its with the esa desicion maker 
    but im on uc
    and they closed the esa down /??

  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    sounds like you need f2f with cab

    cr
    Be all you can be, make  every day count. Namaste
  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,856 Disability Gamechanger
    Hi @marac, so sorry to hear about your situation. As CR suggested, you might want to consider approaching Citizens Advice for some support with this, as they might be able to offer help. You can search for your local branch on their website.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    marac,

    I agree, I think you need to get local advice from a CAB or similar.

    It sounds as if you are just getting what's called the standard allowance of UC - about the same amount of money as JSA, but paid monthly. 

    A few tips:

    If you have a decision that you have limited capability for work/or limited capability for work-related activity, that decision can, and SHOULD, be reflected in your UC. Tell them that they have to include this, and say you're going to complain - also, it should be backdated to the beginning of the claim.

    if you haven't yet had a decision about your limited capability for work/work-related activity, but there is one in the pipeline, then that can be applied to your UC when it comes through (however, it sounds to me from what you say that you already had a decision about your limited capability, so there is no reason not to apply that NOW).

    The amount of ESA you were getting before suggests to me that there was a decision that you had limited capability for work-related activity - what is called the support group in ESA. That decision can and should be carried over into your UC. 

    As regards the housing element, if you've already asked them to look at this again, and it hasn't been awarded, you may need to appeal (to a tribunal) but I'd suggest asking the CAB about this. Sometimes there's been a decision, but sometimes it's a delay, and it can be difficult to tell. 

    You are being thoroughly messed about by UC here and it's not good enough. The law and guidance are clear. Ask the CAB about making a complaint too. It's not acceptable - no one should have to use their PIP to pay the rent.

    Hope you get this sorted very very soon.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • MaraieMaraie Member Posts: 26 Listener
    Hi thanks
    you are 
    Perfect sense 
    but they are not 


  • MaraieMaraie Member Posts: 26 Listener
    I r got cab tommorow 
    i will update you on here.
  • MaraieMaraie Member Posts: 26 Listener
    The uc new that I was on 
    Esa.
    they filled all forms out and I showed them my pip award
    enhanced rate for both.
     
    they seen I was on esa and the amounts.
    then filled in a form 
    instead of ticking that i had limited capability for work they said no and ticked wrong box
    and today uc
    told me this.
    at the very first intervytjis happened
    i had my stick with me and was obviously in pain 
    with my back at the time 
    they never asked or told me what forms they were filling out 
    but this is where the mistake was made.



  • MaraieMaraie Member Posts: 26 Listener
    I still agree that they could transfer that 
    money to me and backdate it.
    they acting as if they do not even no what I’m talking ablut
    when I call them 

  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hello Maraie

    What did the CAB do to help you? Have they challenged the UC decision?

    If a challenge has been made then UC can revise their decision to include and backdate any extra amount you are entitled to as being unable to work.  You generally have 1 month to challenge a UC decision, and the first stage of challenge is  a Mandatory Reconsideration.  A late challenge can also be lodged if it is explained why the request is made late.  There is an absolute time limit of 13 months from the date of the UC decision. 

    Please keep us posted.

    Maria
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • MaraieMaraie Member Posts: 26 Listener
    Hi everyone 
    thanks for all the interest 
    and advice.
    the cab was an initial drop in
    pending appointment.
    and the u c,
    said I would receive an update on5/03/2018.
    they said that
    everyone
    who moves onto uc
    has to have an assessment 
    (I did not want that at all
    and actually have read different,.,
    if your on esa
    high rate)
    They only seem to constantly contradict themselves 
    esa still said there’s no desicion it’s with uc
    uc said it’s with esa desicion maker 
    cab said 
    that I have to wait for the journal update
    from uc as indicated u till March 5th
    no body knows what this update is 
    it’s now been 11 weeks
    wirh no sick / esa element of uc
    .
    its very unerving ghat esa case manager told me last week that it was at the esa desicion makers last page 
    and if here v soon 
    today 
    same thing again 
    esa don’t no what I’m talking about,.
    they said there’s no desicion here 
    as the claim was closed down ,,
    i asked why said coz I’m claiming u c ????
    exhauated 
    ive also anemia’s 
  • MaraieMaraie Member Posts: 26 Listener
    I hope this makes sense

  • MaraieMaraie Member Posts: 26 Listener
    I’ve got banks statements of my old esa giong in find it difficult it’s been really hard
    my mums helping bit 
    but 
    they all keep say different things all of the time 
    my rents disallowed 
    as my landlord is my son
  • MaraieMaraie Member Posts: 26 Listener
    Ps I rearrange your post
    theres no desicion 
    to challenge
    they also keep saying in phone that oh 
    is there an appeal then g on.
    i said I don’t no is there.
    ghere was for my rent but not now cab said also no point as I havnt got a tennancy I’ve only got s liscence to stay at this place 
    and share the rent 
  • MaraieMaraie Member Posts: 26 Listener
    Does anyone know if this is true that everyone transfers from esa to iv needs reassess?
    as I be read there’s certain things where you don’t 
    ie transferred over 
    to Jc as s sick element
  • MaraieMaraie Member Posts: 26 Listener
    Previous post says Jc 
    meant to say 
    u c
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    There is no requirement to be reassessed when migrating from ESA to UC.
    however, the DWP can reassesses at anytime so your assessment may be due anyway

    The Legal bit-
    This is made quite clear in Regulation 19 of the Transitional Provisions Regulations 2014.
    Transition from old style ESA
    19.
    —(1) This regulation applies where–
    (a) an award of universal credit is made to a claimant who was entitled to old
    style ESA on the date on which the claim for universal credit was made or
    treated as made (“the relevant date”); and
    (b) on or before the relevant date it had been determined that the claimant was
    entitled to the work-related activity component or to the support component.

    (2) Where, on or before the relevant date, it had been determined that the claimant
    was entitled to the work-related activity component–
    (a) regulation 27(3) of the Universal Credit Regulations (award to include LCW
    and LCWRA elements) does not apply; and
    (b) the claimant is to be treated as having limited capability for work for the
    purposes of regulation 27(1)(a) of those Regulations and section 21(1)(a) of
    the Act.

    (3) Unless the assessment phase applied and had not ended at the relevant date(a),
    in relation to a claimant who is treated as having limited capability for work under
    paragraph (2)–
    (a) regulation 28 of the Universal Credit Regulations (period for which the LCW
    or LCWRA element is not to be included) does not apply; and
    (b) the LCW element is (subject to the provisions of Part 4 of the Universal
    Credit Regulations) to be included in the award with effect from the beginning
    of the first assessment period.

    (4) Where, on or before the relevant date, it had been determined that the claimant
    was entitled to the support component–
    (a) regulation 27(3) of the Universal Credit Regulations does not apply; and
    (b) the claimant is to be treated as having limited capability for work and workrelated
    activity for the purposes of regulation 27(1)(b) of those Regulations
    and section 19(2)(a) of the Act.


    Be all you can be, make  every day count. Namaste
  • MaraieMaraie Member Posts: 26 Listener
    It’s still a bit
    confu reading the regulations 
    it sound good as I was definitely on esa 
    and have been for around 7 years 
    I had an assessment last year 
    for esa and my money went up as I was only on 234 
    it went up to 374 
    a forghtnight 
    but since moveing to u credit
     It only been a basic 190
    minus there advances a month

  • MaraieMaraie Member Posts: 26 Listener
    They asked for my sick note 
    accepted this of 
    me 
    as apparently before
    i claimed uc
    i was 
    about to be put in the support group ( esa said yesterday).
    so I asked did I then get put in it or not?.
    they said no
    they couldn’t answer me when I asked
    yes but how is this affecting sick elements bieng transfer over and why 11 weeks wait
    .
    i think I understand about the rent elements 
    i was also receiving my disability premium in my esa 


  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    You might be best to seek f2f advice from CAB or similar

    CR
    Be all you can be, make  every day count. Namaste
  • MaraieMaraie Member Posts: 26 Listener
    Once thd 6/ March is over I can find out cab can’t do any thing whilst I’m waiting to be updated so more waiting I guess? 
    Thanks
Sign in or join us to comment.