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ESA to U/C migration

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3 days 2 hours ago #303195 by rik
ESA to U/C migration was created by rik
Hi
I am due to migrate from ESA support group to universal credit by the end of June I have read other posts on here that say folk who are in the support group should migrate over smoothly without providing sick notes which is great

I have a disabled partner who has been part of my ESA claim for several years they have never taken any work capability assessment

Am I correct in thinking when they apply for universal credit and link their claim to mine and provide sick/fit notes when required this will exempt them from any work search commitments until they get called up for a WCA after completing a UC50 application form

neither of us have ever claimed DLA PIP or carers allowance

I have called the citizens advice help to claim migration call centre but the advisor didn't know and there was also a bit of a language barrier

Any advice or help will be appreciated

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3 days 1 hour ago #303205 by David
Replied by David on topic ESA to U/C migration
Hi rik

Unfortunately your partner will be in the All Work Related Conditionality group until he/she has had the WCA. So in spite of the Fit Notes the Work Coach has the discretion to impose Work Related Requirements.( Unless there are caring responsibilities for children )

David

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3 days 24 minutes ago #303210 by rik
Replied by rik on topic ESA to U/C migration
Thanks for the reply David.

Can you tell me if the DWP send out a UC50 application form as soon as the claim for universal credit is made and a sick note is submitted or is it the clamants responsibility to obtain the UC50 complete the questionnaire and send it to them

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2 days 12 hours ago #303226 by David
Replied by David on topic ESA to U/C migration
Hi rik

The Work Coach actions the To Do on the IT system after 28 days of sickness. You should then get the letter UC35 regarding what UC term the Health Journey and then the form UC50.

David

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2 days 10 hours ago #303235 by rik
Replied by rik on topic ESA to U/C migration
Thanks again for your reply David

If further down the line my partner chose not to go through with the filling in of the UC50 form and closed their side of the universal credit claim how would this effect my claim?

would it for example trigger a WCA as a change of circumstance or would my claim be closed also? meaning I would have to start the journey to LCWRA/support group all over again?
Thanks
Rik

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2 days 6 hours ago #303251 by David
Replied by David on topic ESA to U/C migration
Hi rik

If your partner refused to take part in what the DWP term the Health Journey then she would remain in the All Work Requirements Conditionality Group and would need to negotiate with a Work Coach as to what she could reasonably do towards finding work.
If he/she ignored the Work Coach their part of the claim would be sanctioned which means you would still get some UC and your Housing Costs. But your claim would not be closed and it has nothing to do with a future WCA.
None of this applies if the partner is officially a carer.

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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