I've applied for ESA. Will all of this be taken off UC? Is there anything else I can apply for?

jasminegrace
jasminegrace Online Community Member Posts: 16 Listener
edited December 2021 in Benefits and income
Hi everyone, I’m new. I thought I would join as I really need some help. 

I currently get UC, I have a partner who is self employed and two children. 

I was awarded pip this month after a long wait. Standard on both elements. 

I am still being hit with the benefit cap even though I shouldn’t. 

I applied for ESA, first appointment is today. However, I’m really confused as it states that any money I get for ESA will be taken off my UC, the couple element we get isn’t just for me. And obviously I have child element too. 

Will they just take the whole thing off & not consider my circumstances? 

I’m really doubting if it’s worth it. 

I know UC have their own element of disability at 343 a month. But if they keep the benefit cap on my account I will lose this money. 

I hope this makes sense! 

& if you know of anything else I can get or need to apply for could you please let me know. I’m new to this. My endometriosis as got really bad over the last year and most days I cannot even walk. 

Thank you 

Comments

  • calcotti
    calcotti Online Community Member Posts: 10,000 Championing
    edited December 2021
    Any ESA you receive will indeed be deducted in full from your UC. You will be no better off claiming ESA and UC but will get fortnightly ESA payments and (reduced) monthly UC payments.

    Unless you were employed from April 2018 to April 2020 you will probably not qualify for ESA anyway.

    You are correct that if you receive PIP you should no longer be subject to the benefit cap. All your previous UC payments since the date the PIP award starts from should also be reviewed and the benefit cap removed. You can post a note in your UC journal as a payments query asking about this.

    As your PIP includes Daily Living component your partner is entitled to claim the carer element of UC for looking after you. If they previously reported that they looked after you the carer element should be backdated to when your PIP award starts from.

    Are you already getting the LCWRA element included in the calculation of your UC award?



  • jasminegrace
    jasminegrace Online Community Member Posts: 16 Listener
    Thank you for the help! 

    I’m just a bit baffled why it works like this and if I get the disability premium attached this will come off too or just the esa payment? 

    I don’t currently get ESA or LCWRA. 

    I’m trying to work out the best route to go down. 

    It’s very confusing 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,456 Championing
    edited December 2021
    There are no disability premiums payable when claiming New style ESA because it's a contributions based benefit only. As calcotti has advised, if you haven't worked in the previous 2 tax years you won't qualify for ESA anyway.
    If your health conditions limits your capability to work have you reported your health condition onto your journal and sent in fit notes from your GP? If yopu haven't then you can do this and it will start the work capability assessment process off. Being awarded PIP has no relevance to the work capability assessment.
  • poppy123456
    poppy123456 Online Community Member Posts: 64,456 Championing
    edited December 2021
    If your partner cares for you for at least 35 hours per week they can report this onto their journal and you will have the carers element added to your UC, providing your partner doesn't already claim the LCWRA element for theirself.

    Before you were awarded PIP If your partner was earning more than £617 per monthly assessment period the benefit cap wouldn’t apply to you.
    https://www.gov.uk/benefit-cap/when-youre-not-affected
  • Tori_Scope
    Tori_Scope Scope Posts: 12,471 Championing
    Hi @jasminegrace :) Welcome to the community! I hope that the responses you've received so far have been helpful.

    I'm sorry to hear that your endometriosis seems to be affecting you quite badly at the moment. Is this something your doctor is aware of?
  • calcotti
    calcotti Online Community Member Posts: 10,000 Championing
    jasminegrace said: I don’t currently get ..LCWRA. 
    If it limits your ability to work have you ever reported your health condition to UC? LCWRA is extra money paid as part of UC to people who have a health condition that limits their ability to work or carry out work related activity.
  • jasminegrace
    jasminegrace Online Community Member Posts: 16 Listener
    Tori_Scope said:
    Hi @jasminegrace :) Welcome to the community! I hope that the responses you've received so far have been helpful.

    I'm sorry to hear that your endometriosis seems to be affecting you quite badly at the moment. Is this something your doctor is aware of?
    Yes :) - I am under a few consultants. I am waiting an operation to try and remove the endo growth. 
  • jasminegrace
    jasminegrace Online Community Member Posts: 16 Listener
    calcotti said:
    jasminegrace said: I don’t currently get ..LCWRA. 
    If it limits your ability to work have you ever reported your health condition to UC? LCWRA is extra money paid as part of UC to people who have a health condition that limits their ability to work or carry out work related activity.
    Yes I have. From august when I started my PIP claim. But they haven’t paid me any extra. I noticed I could get ESA, so I applied and I should get it as I’ve worked up until March 2020. 
    But then I see LCWRA, and thought this might be better as ESA is taken off £1-£1 so you don’t actually get ‘extra’ money. 

    But then the Max of LCWRA is 343, they don’t have any guides for in between. 

    It’s really confusing disability benefits and no one in UC when I call knows what LCWRA is? 
  • janer1967
    janer1967 Online Community Member Posts: 21,922 Championing
    Hi there 
    To claim lcwra you need to report a medical condition on your journal and provide a fit note 

    You should then be referred for a work capability assessment which involves completing a uc50 form they will send you and then a work capability assessment with health care provider 

    The dwp will then make decisions and 8f awarded you will get the additional payment of £343 per month from the 4th full assessment period after you reported the condition 

    The process does take a long time several months 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,456 Championing
    jasminegrace said:
    calcotti said:
    jasminegrace said: I don’t currently get ..LCWRA. 
    If it limits your ability to work have you ever reported your health condition to UC? LCWRA is extra money paid as part of UC to people who have a health condition that limits their ability to work or carry out work related activity.

    But then the Max of LCWRA is 343, they don’t have any guides for in between. 

    Not sure what you mean by that. UC is a benefit made up of different elements, depending on your circumstances. 
    As you have reported your health condition you should have been referred for a work capability assessment. Have you filled out the UC50 form yet? If you haven’t then put a note onto your journal to ask to be referred for the work capability assessment. 
    Once the decision is made you will only receive the extra money if found to have LCWRA. LCW doesn’t entitle you to any extra money.
  • Taliesen
    Taliesen Online Community Member Posts: 51 Contributor
    From what I was told by UC you can no long get ESA and UC at same time anymore like you use to be able to do so.  If this is wrong please do correct me .
  • poppy123456
    poppy123456 Online Community Member Posts: 64,456 Championing
    Taliesen said:
    From what I was told by UC you can no long get ESA and UC at same time anymore like you use to be able to do so.  If this is wrong please do correct me .

    This is incorrect. As has been advised in this thread, you can claim New Style ESA and UC at the same time but claiming the ESA will depend on NI contributions from working in the previous 2 tax years. If entitled it will be deducted in full from any UC entitlement.

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