ESA Migration, denied extensions for serious MH crisis, where are the safeguards

Hello,

I am sorry for the long post, In am terribly at expressing my thoughts into words.

Background

I'm reaching out for urgent assistance regarding my complex situation. I have several long-standing mental health conditions, including:

- Post-Traumatic Stress Disorder (PTSD)

- Generalised Anxiety Disorder (GAD)

- Social Phobia

- Agoraphobia

- Panic Attacks

I'm currently on multiple medications at the maximum doses, including pregabalin, venlafaxine, propranolol, mirtazapine, zopiclone, and diazepam. I've also been using quetiapine from friends to help slow down my racing thoughts. I know the last medication is not legal but I have no other choice while waiting for over 1 year for a medication review by a psychiatrist.

Current Situation

1. I'm being moved from the Employment and Support Allowance (ESA) support group with Severe Disability Premium (SDP) and Enhanced Disability Premium (EDP) to Universal Credit (UC).

2. My deadline to claim UC is March 18th.

3. I receive Personal Independence Payment (PIP) at the high rate for daily living and standard rate for mobility.

4. On December 19th, 2024, I moved to my own place to escape a difficult living situation with my estranged stepfather.

Challenges

1. **Missed Migration Notice**: The migration notice was issued on December 17th, just two days before I moved. I did not receive it because I had already left the property by December 19th. I only discovered that a migration notice had been issued when I phoned ESA to update my address on January 7th.

2. **DWP Miscommunication**: When I contacted the UC Managed Migration helpline:

- The first agent promised to send a new migration notice to my new address but failed to do so.

- The second agent assured me that the new notice would include a new deadline date and that I would have the full three months others typically receive. However, this promise was not honoured.

3. **January 30th Call**: When I called again on January 30th, after regaining some mental stability, I was told that my deadline remained March 18th. Despite explaining my mental health challenges and requesting an extension under the Equality Act, the agent stated that extensions are being tightened and refused my request. This has left me feeling overwhelmed and hopeless.

4. **Mental Health Impact**: My severe mental health conditions make it significantly harder for me to complete tasks like setting up bills or contacting services. Since moving six weeks ago, I've been unable to focus on priority tasks due to extreme psychological distress caused by:

- The Fear that my estranged stepfather now knows where I live

- The loss of identification documents destroyed by him

- My sisters being turned against me by his lies

- The trauma of leaving behind memories of my late mother

- Knowing my last and only friend I could fully trust is about to die from the same cancer that took my Grandad (farther figure) away from me! I am psychological overwhelmed, and 1 more anxiety away from blowing up.

Legal Considerations

1. **Regulations 44 and 45**: Under these regulations of Universal Credit law, given my circumstances—including mental health disabilities and domestic abuse—I should qualify for an extension, deferral, or cancellation of the migration notice.

2. **Equality Act 2010**: The DWP has a legal duty under this act to make reasonable adjustments for disabled claimants like me who are at a substantial disadvantage compared to others. My request for an extension to provide me with the full three months promised was denied despite this duty.

Regulation 44(5) of the UC (TP) Regs 2014:

“(5) The Secretary of State may cancel a migration notice issued to any person—

(a) if it has been issued in error; or(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(c) in any other circumstances where the Secretary State considers it necessary to do so in the interests of the person, or any class of person, or to safeguard the efficient administration of universal credit.”

Regulation 45(1)(a) will also allow DWP staff to extend the deadline day if they also feel that there is a good reason to do so (see below), but will also allow them to extend the deadline day if a claimant asks for an extension on or before the deadline day and it is not possible, for example, either to:

· get the information needed to help make a determination on whether they have good reason (or not) to the Department by the deadline day; or

· consider the request until after the deadline day due to resources.

36. Circumstances that may be treated as good reason may include the claimant:

·having a mental-health condition;

· being disadvantaged, e.g., the claimant

o is homeless;

o has a disability;

o has learning difficulties;

 having a domestic emergency; or

 having caring responsibilities.

37. This list is not exhaustive and each case will be considered on its individual

circumstances and merits.

38. Having such provision will allow the Department to tailor the process more

effectively for claimants, especially those who have complex needs or fall into

a vulnerable group. It also allows the Department to react to unexpected

situations that a claimant may have and gives DWP staff the ability to extend

the deadline day if they discover a claimant needs extra support at the

reminder stage.

39. There is no limit to the number of times an existing benefit clamant can ask

for an extension. However, on each occasion they will still have to

demonstrate a good reason for the extension to be agreed.

Other Considerations

from a PDF document titled “Universal Credit (UC) Managed Migration Pilot”

“As currently drafted, the regulations allow vulnerable people who are migrating to request an extension for making a claim. DWP staff can also extend the deadline for making a claim or cancel the migration notice for a claim. However, extensions will only be granted if there is ‘good reason’

Request for Help

I urgently need help in:

Securing an extension or deferral of the March 18th deadline under Regulations 44 and 45 or having the migration notice canceled due to exceptional circumstances. I hoped they would extend my deadline to at the very least until April 7th, giving me the full three months everyone else received, from when I received the notification that I had been issued an migration notice on the 7th of January .

Ensuring compliance with the Equality Act by having reasonable adjustments made for my disabilities.

I am trying to manage my mental health during this transition and obtaining replacement identification documents. even a call to the CAB is challenging for me due to my social phobia.

This is my first opportunity to live independently and recover from past traumas. However, without additional support or adjustments from DWP, I fear losing this chance due to circumstances beyond my control, I am on a starter tenancy so can not go into rent arrears, but the way the DWP are acting has reinforced this fear. Any guidance or help would be greatly appreciated.

Where are the safeguards for ESA support group claimants? I find it very concerning that they are being so cold towards claimants that are in complete distress and can give reasons for needing an extension, my last pip review I was given 4 extensions. I have never felt so discriminated against considering everything I am currently going through, being told over and over by multiple agents that I have plenty of time, stop worrying….Worrying! I suffer with GAD, and what may be a long time for most others is not for me, especially with all the ID I now need to try to get, I have not been able to do anything productive since I’ve moved in, I have been stuck in my own head with to many things to worry about at once, Again I have never lived alone and been responsible for the Priority Bills. The DWP and the people they contract to work on their behalf really are just disgusting! No wonder people just give up. I did this move to have the best chance of living a semi normal life, wishful thinking!