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Natural migration to UC from IR ESA when in the LCWRA group getting SDP
- Anneb
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3 months 2 weeks ago #293812 by Anneb
Replied by Anneb on topic Natural migration to UC from IR ESA when in the LCWRA group getting SDP
Hi Gary - many thanks for this.
So, because my son would not get Housing Benefit from the new local authority, I would need to get a UC account and put in a claim for UC straight away as soon as he moves to the new address. Then I could write to ESA by recorded delivery and tell them he has moved to a new address and that I have applied for UC - but I have found out that my son gets both IR ESA and CB ESA so that must mean that CB ESA continues so they will need to know there has been a change of address - could I not phone ESA to give the change of address a few days after I have put in claim for UC ? And let them know I've put in a claim for UC on phone...followed by a recorded delivery letter ?
So, because my son would not get Housing Benefit from the new local authority, I would need to get a UC account and put in a claim for UC straight away as soon as he moves to the new address. Then I could write to ESA by recorded delivery and tell them he has moved to a new address and that I have applied for UC - but I have found out that my son gets both IR ESA and CB ESA so that must mean that CB ESA continues so they will need to know there has been a change of address - could I not phone ESA to give the change of address a few days after I have put in claim for UC ? And let them know I've put in a claim for UC on phone...followed by a recorded delivery letter ?
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- Gary
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3 months 2 weeks ago #293856 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Natural migration to UC from IR ESA when in the LCWRA group getting SDP
Hi Anneb
Correct, UC will notify ESA but to cover yourself I would send a letter by recorded delivery informing DWP that you have applied for UC.
CB ESA will stay in payment, it will be deducted from his UC claim, one of the advantages of getting CB ESA is that it is paid fortnightly whereas UC is usually paid monthly.
Gary
Correct, UC will notify ESA but to cover yourself I would send a letter by recorded delivery informing DWP that you have applied for UC.
CB ESA will stay in payment, it will be deducted from his UC claim, one of the advantages of getting CB ESA is that it is paid fortnightly whereas UC is usually paid monthly.
Gary
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- Anneb
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3 months 2 weeks ago #293860 by Anneb
Replied by Anneb on topic Natural migration to UC from IR ESA when in the LCWRA group getting SDP
Thank you so much for your advice Gary.
How long does it take for UC to notify and stop IR ESA ? I’m thinking I don’t want a letter I write to ESA to get there before UC has notified them.
One more thing I need to find out too please: I read somewhere that if a person is on LCWRA and they get Severe Disability Premium when they transfer from ESA to UC that the amount of SDP continues as a transitional payment, eroding with time, so not like full transitional protection but just the SDP amount - is that correct ?
How long does it take for UC to notify and stop IR ESA ? I’m thinking I don’t want a letter I write to ESA to get there before UC has notified them.
One more thing I need to find out too please: I read somewhere that if a person is on LCWRA and they get Severe Disability Premium when they transfer from ESA to UC that the amount of SDP continues as a transitional payment, eroding with time, so not like full transitional protection but just the SDP amount - is that correct ?
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- Gary
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3 months 2 weeks ago #293878 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Natural migration to UC from IR ESA when in the LCWRA group getting SDP
Hi Anneb
It should be straight away as it is done electronically but I cannot guarantee it as it is the DWP we are talking about. 🤭
I am not aware of transitional payment, what happens is when you apply for UC ESA + any premiums will stop, if you are in the support group of ESA you should be transferred on to the LCWRA group without supplying a fit note or going through the assessment phase.
Gary
It should be straight away as it is done electronically but I cannot guarantee it as it is the DWP we are talking about. 🤭
I am not aware of transitional payment, what happens is when you apply for UC ESA + any premiums will stop, if you are in the support group of ESA you should be transferred on to the LCWRA group without supplying a fit note or going through the assessment phase.
Gary
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- David
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3 months 2 weeks ago #293890 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Natural migration to UC from IR ESA when in the LCWRA group getting SDP
Hi Anneb,
You did read correctly about the SDP transitional protection and it eroding with time.
It is explained well in this CPAG guide......
askcpag.org.uk/content/206411/the-new-transitional-sdp-element
"The transitional SDP element is an extra amount of UC, paid in qualifying cases where person entitled to the severe disability premium (SDP) undergoes natural migration from legacy benefits to UC.
It is treated ‘as if’ it were an element included in the UC award calculation. The element is treated as if it were an amount included in the UC maximum amount before the deduction of the claimant’s income."
You did read correctly about the SDP transitional protection and it eroding with time.
It is explained well in this CPAG guide......
askcpag.org.uk/content/206411/the-new-transitional-sdp-element
"The transitional SDP element is an extra amount of UC, paid in qualifying cases where person entitled to the severe disability premium (SDP) undergoes natural migration from legacy benefits to UC.
It is treated ‘as if’ it were an element included in the UC award calculation. The element is treated as if it were an amount included in the UC maximum amount before the deduction of the claimant’s income."
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Anneb
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3 months 2 weeks ago #293894 by Anneb
Replied by Anneb on topic Natural migration to UC from IR ESA when in the LCWRA group getting SDP
Thank you David for confirming this. So it's not quite so bad with natural migration, it's not the full of amount of transitional protection, true, but the SDP is the biggest amount.
Now I'm replying again - is there anywhere that I can see a copy of the Universal Credit claim form so that I know exactly the questions/information it asks for.
Now I'm replying again - is there anywhere that I can see a copy of the Universal Credit claim form so that I know exactly the questions/information it asks for.
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