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Been offered ti go back onto Esa

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MarkH73
MarkH73 Community member Posts: 36 Connected
in Employment and Support Allowance (ESA)
Well some 6 months after winning my esa tribunal i got an offer to either go back on esa or stop on uc and get sdp payments till my circumstances change then uc will take off sdp from what they would give me.....im a little bit stuck on what to do should i stay where i am on uc jobseekers putting in sick notes till my uc sick tribunal ( prob nxt month or two as theyve asked to confirm my details are still correct) so my circumstances are going to change....
Or go back on esa and probably end up back in appeal and tribunal loop again????? 
Cit advice have said they think stopping on uc bk payment of sdp best short term solution ......however again as soon as my circumstances change then change ive lost my extra as sdp will be taken off if i go back esa with full back payments ( yes i will owe the total uc ive had..... some of which 8000 pound plus is rent so how would i claim that back if dwp take full uc amount off esa back payments before they forward the balance onto me..... which would leave me out of pocket with the rent part........ 
So basically figures around 17.5 k missed esa 
15.5k uc payments so would leave a windfall of 3 if dwp take uc out ....
Or stop uc get 6k back sdp and an extra 285 pm for month or so........
And the actual UC 7.2 k benifits     ...8.3k rent .......
Well if anyone has any suggestions then they would be gratefully received thank you 
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Comments

  • poppy123456
    poppy123456 Community member Posts: 54,003 Disability Gamechanger
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    ESA with the SDP most definitely pays more than UC LCWRA even with the transitional payments on top. You will of course then need to claim housing benefit if you need help with the rent.

    As far as the figures go then i'll let you work that one out because it's too complicated for me and too many numbers, at least for tonight. I think you're the only person that can decide what you want to do here. The SDP rules for claiming UC do end on 27th january 2021 though.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • MarkH73
    MarkH73 Community member Posts: 36 Connected
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    Thank you poppy and yes i claimed housing benifit the last time i was on esa but whats the UC sdp change thus month??
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  • poppy123456
    poppy123456 Community member Posts: 54,003 Disability Gamechanger
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    At the moment those that are claiming SDP are unable to claim UC. This ends on 27th January 2021, which means if a person moves house to a different local council they will be unable to reclaim housing benefit and will need to claim UC.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • MarkH73
    MarkH73 Community member Posts: 36 Connected
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    Oh ok thank you 
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  • poppy123456
    poppy123456 Community member Posts: 54,003 Disability Gamechanger
    edited January 2021
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    You're welcome. One other thing which is really important, which i forgot to mention.
    With the UC transitional prrotection you have, this will apply....
    If other elements of a claimant's UC award increase, there will be an equivalent reduction in the transitional element until the transitional element reduces to zero. This may mean that if, for example, a person's rent increases by £15 with a consequent increase in her/his housing cost element, s/he is no better off because of the effect on the transitional element. The only exception is childcare costs: if the amount awarded for these changes, the transitional element will be unaffected. So do be aware of that, if you decide to remain on UC.





    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • MarkH73
    MarkH73 Community member Posts: 36 Connected
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    Yeh i understand almost any change and increase will change sdp /uc entitlement and extra money basically taken off uc (which is a con in itself) but thanx for the  info .....im trying to find out if i can claim bk 22montgs rent as if i go bk on esa dwp will want to recover uc payments which are just over 7k actual money in bank and 8.5k ( or there abouts) rent so will dwp try to recover total uc and if so can i claim this bk ....local council housing cant help so on call around see what i can find out....anyhoo hope youre having a fabulous day 
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  • poppy123456
    poppy123456 Community member Posts: 54,003 Disability Gamechanger
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    I would have thought that if DWP decide to reclaim the housing element back, then it would be your local council they would need to claim it from, rather than you because the money would have obviously been used to pay your rent. Although i can't be certain that this would happen, it's just my thoughts.

    I hope you'll be able to get some definite answers. Enjoy your day :)
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • MarkH73
    MarkH73 Community member Posts: 36 Connected
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    Well just an update ln esa uc n housing situation...
    Well esa was backdated til March 2019 and money sent to dwp uc debt recovery ( as i have to pay back all of uc recieved in that period) on the 29th jan now just under 3 weeks later it stillwaoting to be processed as they ( dwp debt recovery team) are telling me on weekly chasing them with phone calls...so yet i wait but im niw receiving my fortnightly esa....
    Bacj dating housing is in the local authority hands as we speak so awaiting that outcome too....thanx for everyones help i will hopefully update again soon ...take care n stay safe 
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  • ThankGod
    ThankGod Community member Posts: 26 Connected
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    Who contacted you to put you back on ESA?
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  • MarkH73
    MarkH73 Community member Posts: 36 Connected
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    It was actually after a tribunal win and complaining for nearly two years for the someone from SDP  saying i shouldn't have been put on uc in first place at very worst it should have been old style JS  and they hadnt been paying my entitlement of sdp with my uc so i got offered stop where i was on uc or go back on esa which i would advise anyone who can go back get back even if you go through the same thing again ( the wrongful dismisal of esa or such benifit so thet can kivk you onto that dreaded uc...keep fighting you will get somewhere eventually like tge old brittish rail lol ) 
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