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Managed migration esa to uc
- Gaz1972
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2 weeks 2 days ago #297494 by Gaz1972
Managed migration esa to uc was created by Gaz1972
First time posting here hope someone can help.
I was in support group for ESA I got my migration letter and started migration process I have been allocated to limited capability for work and work related activity for UC however the DWP have put me on new style ESA as well which appears to be being paid as main phase claim level straight away but today been contacted about having a claimant commitment appointment for new style ESA but don't understand why and do I have to do this as a migration claimant?
I was in support group for ESA I got my migration letter and started migration process I have been allocated to limited capability for work and work related activity for UC however the DWP have put me on new style ESA as well which appears to be being paid as main phase claim level straight away but today been contacted about having a claimant commitment appointment for new style ESA but don't understand why and do I have to do this as a migration claimant?
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2 weeks 2 days ago #297496 by David
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Replied by David on topic Managed migration esa to uc
Hi Gaz1972,
Did you previously receive any letters from ESA stating that you were entitled to Contributions Based ESA?
You should have received a breakdown of your payments from ESA into Conts and Income Based in letters sent to you annually.
David
Did you previously receive any letters from ESA stating that you were entitled to Contributions Based ESA?
You should have received a breakdown of your payments from ESA into Conts and Income Based in letters sent to you annually.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
- Gaz1972
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2 weeks 1 day ago #297548 by Gaz1972
Replied by Gaz1972 on topic Managed migration esa to uc
I have plenty of issues with the DWP previously over the ESA (legacy) as I originally was on contribution based as I paid plenty of stamp prior to disability becoming worse but apparently I was getting irEsa as well (believe this was my severe disability payment but not certain). But I don't recall getting any breakdown of what's what from the DWP it feels to me like they were changing the goalposts when it was to the DWP benefit at least to me anyway
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2 weeks 1 day ago #297555 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Managed migration esa to uc
Hi Gaz1972,
You could try using a Benefits calculator such as Entitledto.co.uk to look at your income if you didn't claim New Style ESA. Remember that Universal Credit is a passporting Benefit which New Style ESA is not. Receipt of even a small amount of UC can give you concessions with other organisations.
David
You could try using a Benefits calculator such as Entitledto.co.uk to look at your income if you didn't claim New Style ESA. Remember that Universal Credit is a passporting Benefit which New Style ESA is not. Receipt of even a small amount of UC can give you concessions with other organisations.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
- Gaz1972
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1 week 6 days ago #297585 by Gaz1972
Replied by Gaz1972 on topic Managed migration esa to uc
As a migration claimant I currently receive transitional payment I believe if I stopped new style esa claim it would be classed as a change of circumstances and lose that protection which would be a considerable drop in finances for me and I believe would also considerably affect UC amount.
This feels to me as the DWP circumventing the legal protection that migration claimants have under UC migration by using new style ESA thus meaning they can force unreasonable claimant commitment as part of claim which they cannot do with UC. The worry and stress over this making things difficult
This feels to me as the DWP circumventing the legal protection that migration claimants have under UC migration by using new style ESA thus meaning they can force unreasonable claimant commitment as part of claim which they cannot do with UC. The worry and stress over this making things difficult
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1 week 6 days ago #297589 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Managed migration esa to uc
Hi Gaz1972,
The Universal Credit (Transitional Provisions) Regulations 2014 state that an increase in the UC Standard Allowance will erode the transitional protection amount. So by cancelling a Contributions Based ESA claim ( now called New Style ESA ) the subsequent increase in your UC standard allowance will erode your transitional protection.
However your statement "thus meaning they can force unreasonable claimant commitment as part of claim which they cannot do with UC" is incorrect as almost everybody on UC has been asked to accept a Claimant Commitment. Also someone as in your case assessed to be in the Support Group or UC LCWRA group only has to accept a basic New Style claimant commitment which only asks for you to report a change of circumstances.
So for the vast majority of people it is not worth cancelling their New Style ESA claims.
David
The Universal Credit (Transitional Provisions) Regulations 2014 state that an increase in the UC Standard Allowance will erode the transitional protection amount. So by cancelling a Contributions Based ESA claim ( now called New Style ESA ) the subsequent increase in your UC standard allowance will erode your transitional protection.
However your statement "thus meaning they can force unreasonable claimant commitment as part of claim which they cannot do with UC" is incorrect as almost everybody on UC has been asked to accept a Claimant Commitment. Also someone as in your case assessed to be in the Support Group or UC LCWRA group only has to accept a basic New Style claimant commitment which only asks for you to report a change of circumstances.
So for the vast majority of people it is not worth cancelling their New Style ESA claims.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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