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Transition from ESA support group to UC LCWWRA
- RDBIGGIN
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3 months 4 weeks ago #293476 by RDBIGGIN
Transition from ESA support group to UC LCWWRA was created by RDBIGGIN
Hi, I hope you can help me please?
My son has ASD & has been in receipt of PIP, higher rate daily living & standard rate mobility since 2017. He also claimed IR ESA in 2017 & was placed in the support group with disability income guarantee in Spring 2018.
He started doing some permitted work in June 2022, working within the permitted hours limits.
His place of work got flooded during the storms last October, resulting in him not working for 3 months. When he went back to work in February he exceeded his permitted hours accidently. This has resulted in ESA stopping his payments in May this year.
We have put in a Mandatory Reconsideration, which they have confirmed that they have received, within the required timescales. They haven't responded to the MR.
We have always known that he would need to eventually transition to UC, but the cliff edge consequences of exceeding permitted hours have hit him hard.
If DWP had requested him to move from ESA to UC, I understand he would have been able to move automatically from ESA support group to UC LCWWRA. Do you think this will still be possible?
As he has no other choice & bearing in mind the wait for a MR response, he has applied for UC.
Does the forum feel that he will be able to transfer to UC without another WCA & medical ?
Many thanks for your consideration
kind regards,
Richard
My son has ASD & has been in receipt of PIP, higher rate daily living & standard rate mobility since 2017. He also claimed IR ESA in 2017 & was placed in the support group with disability income guarantee in Spring 2018.
He started doing some permitted work in June 2022, working within the permitted hours limits.
His place of work got flooded during the storms last October, resulting in him not working for 3 months. When he went back to work in February he exceeded his permitted hours accidently. This has resulted in ESA stopping his payments in May this year.
We have put in a Mandatory Reconsideration, which they have confirmed that they have received, within the required timescales. They haven't responded to the MR.
We have always known that he would need to eventually transition to UC, but the cliff edge consequences of exceeding permitted hours have hit him hard.
If DWP had requested him to move from ESA to UC, I understand he would have been able to move automatically from ESA support group to UC LCWWRA. Do you think this will still be possible?
As he has no other choice & bearing in mind the wait for a MR response, he has applied for UC.
Does the forum feel that he will be able to transfer to UC without another WCA & medical ?
Many thanks for your consideration
kind regards,
Richard
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- Gary
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3 months 4 weeks ago #293484 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Transition from ESA support group to UC LCWWRA
Hi Richard
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.
Unfortunately if you do not have a live ESA support claim then you will have to go through the assessment phase, your son will need to give the workcoach a fit note from your doctor to start the assessment phase, you will then at some stage be sent a WCA form to complete;
www.benefitsandwork.co.uk/help-for-claimants/esa1
Gary
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.
Unfortunately if you do not have a live ESA support claim then you will have to go through the assessment phase, your son will need to give the workcoach a fit note from your doctor to start the assessment phase, you will then at some stage be sent a WCA form to complete;
www.benefitsandwork.co.uk/help-for-claimants/esa1
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- RDBIGGIN
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3 months 4 weeks ago #293524 by RDBIGGIN
Replied by RDBIGGIN on topic Transition from ESA support group to UC LCWWRA
Hi Gary,
Many thanks for your prompt reply, welcome, and information.
I'm a bit confused about the 'ESA live support claim' situation and would appreciate some clarification please.
In our case the MR has been received in time so i'm presuming the claim is still live at this point? It's not currently in payment, but if we call them and quote his NI number his case is still visible to them.
If the claim is not live from the date of the decision notice, what is the purpose of the MR and appeals process and the time limits they place on registering them?
My son's capacity for work and work related activity has not changed, just a temporary spike in hours, causing him to exceed the permitted hours rules.
A lot of information on-line suggest that transitional rules should apply to his case, is it possible to explain why you think they won't and that he'll probably end up having to do another WCA?
Many thanks and kind regards,
Richard
Many thanks for your prompt reply, welcome, and information.
I'm a bit confused about the 'ESA live support claim' situation and would appreciate some clarification please.
In our case the MR has been received in time so i'm presuming the claim is still live at this point? It's not currently in payment, but if we call them and quote his NI number his case is still visible to them.
If the claim is not live from the date of the decision notice, what is the purpose of the MR and appeals process and the time limits they place on registering them?
My son's capacity for work and work related activity has not changed, just a temporary spike in hours, causing him to exceed the permitted hours rules.
A lot of information on-line suggest that transitional rules should apply to his case, is it possible to explain why you think they won't and that he'll probably end up having to do another WCA?
Many thanks and kind regards,
Richard
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- Gary
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3 months 3 weeks ago #293540 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Transition from ESA support group to UC LCWWRA
Hi Richard
You do need to seek advice from your local Welfare Rights Organisation, they should be able to give you accurate advice after taking into account your son's circumstances: url=https://advicelocal.uk] advicelocal.uk [/url]
Your son may not have a live claim, from the information from your post I would say that your son's claim has been suspended, in which case he may have to go through the assessment phase.
Gary
You do need to seek advice from your local Welfare Rights Organisation, they should be able to give you accurate advice after taking into account your son's circumstances: url=https://advicelocal.uk] advicelocal.uk [/url]
Your son may not have a live claim, from the information from your post I would say that your son's claim has been suspended, in which case he may have to go through the assessment phase.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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