ESA has stopped
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marac
Community member Posts: 4 Listener
This discussion was created from comments split from: UC, ESA and PIP.
Comments
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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
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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 /??
-
sounds like you need f2f with cab
cr
Be all you can be, make every day count. Namaste -
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.
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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.
WillThe Benefits Training Co: -
Hi thanks
you are
Perfect sense
but they are not
-
I r got cab tommorow
i will update you on here. -
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.
-
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
-
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: -
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 -
I hope this makes sense
-
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 -
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 -
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 -
Previous post says Jc
meant to say
u c -
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 -
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
-
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
-
You might be best to seek f2f advice from CAB or similar
CR
Be all you can be, make every day count. Namaste
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