ESA support group to UC
aleigha2010
Online Community Member Posts: 9 Listener
Hi
hi I’m looking for some help. I was on esa lcw but credits only. I applied for universal credit in June and when I was accepted my esa claim stopped. I was automatically put in to the lcw group in UC. I was awaiting tribunal for esa to be put in the support group. I won my case last week. I received a note in my journal saying I would be paid 1560 in my bank. My problem is should I not receive lcwra from the start of my claim? They have left out the 3 assessment periods and what I’m reading is that this was wrong of them to do. Could anyone offer any advice if possible. Thank you
hi I’m looking for some help. I was on esa lcw but credits only. I applied for universal credit in June and when I was accepted my esa claim stopped. I was automatically put in to the lcw group in UC. I was awaiting tribunal for esa to be put in the support group. I won my case last week. I received a note in my journal saying I would be paid 1560 in my bank. My problem is should I not receive lcwra from the start of my claim? They have left out the 3 assessment periods and what I’m reading is that this was wrong of them to do. Could anyone offer any advice if possible. Thank you
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Comments
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It will depend on exactly what date you claimed UC and when the Support Group decision applied from.0
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I applied for universal credit 23 June. My first statement is dated 23 June- 22 July 2023. The support element was backdated to may 3rd 2023 as that’s when the initial decision was made but I had applied for esa in October 2022 and had handed sick notes in until I was told to stop. My esa claim automatically stopped two weeks after I started claiming uc. My first LCWRA payment is on the statement for September 23- October 22. Thanks0
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Then it should be from the start of your UC claim.You will also have an overpayment for ESA because it’s deducted in full from any UC entitlement.My first thoughts are have they taken the overpayment for ESA from what they owed you for UC? It will give you the calculations on each statement that was recalculated.If not then put a message onto your journal and tell them that if the correct decision had been made when the first decision was made then you would have been entitled to the LCWRA element from the start of your UC claim. As it wasn’t then they now owe you extra money.0
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Thank you so much for your help. My esa was credits only so no payment was ever received meaning no overpayment or anything. I will pop a note on my journal and see what they say. Thank you again for your help.1
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Sorry could you possibly advise. I had a reply on my journal saying that LCWRA was awarded from 23/6/23 but the case manager has decided to apply the relevant period. I’m assuming this is wrong and she can’t actually just decide to apply it. I’ve found the relevant law in regulation 28 of the universal credits regulations 2013 where it states the relevant period doesn’t exist in my circumstances. I said this on my journal but I’m unsure as to how I fight it with them. Thanks0
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Yes the relevant period is the waiting period before the extra money is paid. As you were claiming ESA before UC and this decision should have been made when you were claiming ESA there’s no waiting period.I can only advise what I advise earlier, which was this..
Tell them that the extra money should be from the start of your UC claim.poppy123456 said:put a message onto your journal and tell them that if the correct decision had been made when the first decision was made then you would have been entitled to the LCWRA element from the start of your UC claim. As it wasn’t then they now owe you extra money.1 -
Thank you, I put that on my journal so hopefully the case manager will have a look at the regulations and realise the mistake.0
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The regulations don’t apply in your case so it wouldn’t help them to look. They may not realise that you were claiming ESA before UC.
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They definitely knew I was claiming esa because she specifically wrote that due to a change in my esa I was entitled to £1560. This would be paid on Wednesday. This amount was from 23/09-23/01. What regulations would apply in my case. Perhaps because they don’t apply in my case this is why she’s decided to apply the relevant period. Thanks0
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There’s no regulations in your case. The regulations are for the relevant period, if it applies. In your case it doesn’t apply. You will need to wait for a decision maker to respond. Once they do if they still say the waiting period applies then you will need to request the MR on the decision not to pay it from the start of your claim.0
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that’s great, thank you for all your help0
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Hi aleigha, many congratulations on your successful appeal!
HMCTS will send you a Decision Notice which will confirm the decision dates in question. Wait to see whether and where there's an error.
Did you attend in person?
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Thank you. Yes I attended face to face I went in and the judge said the reasons I was granted LCW should have applied to receiving LCWRA. I was in and out in 5 minutes. The letter I was sent didn’t have a date on it only that they recommend I’m not assessed for two years from the date of tribunal. I had spoken to esa shortly after who confirmed it was backdated to 4/5/23 as that’s the date I got my original decision and that’s the date they gave UC. The esa lady said I should be backdated to the start of my award as I was still claiming esa then and esa only stopped due to applying for UC. That’s why I questioned the payment because what esa advised. I applied for esa in October 22 and handed in sick notes until the day of my decision when I was told I didn’t have to send them. I was really relieved after all the stress now this is causing stress feels like it’s never ending.0
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That's encouraging that it was decided so quickly!
You will receive by post what's called a Decision Notice from HMCTS. In the meantime request a Statement of Reasons (SoR) and Record of Proceedings (RoP) from HMCTS.
These will give you the facts of the case, claim dates, correct application of the law and which decision was set aside.
It should be much clearer once you have these documents.
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That’s really helpful I’ll ask for a copy. Thank you0
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You shouldn't request the SoR and RoP when you've had a positive outcome like this because you have the highest award and there's nothing to appeal. It's a lot of extra work for the judge to do in their own spare time.
The only time you should do this is if you're looking for an error in law because you didn't have the outcome you thought you would.0 -
Hey there @aleigha2010 and a belated welcome to the community.
I can see you've had some top advice already, but I just wanted to pop my head in and say a big congratulations on winning your appeal.
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