Joint claim ESA to UC migration now asking for fit note & face to face review

Hi Blissfulblues

Yes you were entitled to National Insurance Credits continuously from the time of your single person ESA claim until UC Managed Migration.
You were entitled to be credited with earnings equal to the lower earnings limit then in force under regulation 8B(2)(iv), (iva) or (v) of the Social Security (Credits) Regulations 1975” (SI 1975/556). You should inform Citizens Advice of this.
Also you should inform Citizens Advice of the following --
The Upper Tribunal ruled that " regulation 21(4) applies in the situation where, before the universal credit claim was made, there was a LCWRA determination for the purposes of oldstyle ESA. In such a case, there is no need for a further LCWRA assessment (“regulation 27(3) of the Universal Credit Regulations does not apply”). Instead, the claimant is treated as having LCWRA. Regulation 21(5) further provides that in such circumstances regulation 28 of the Universal Credit Regulations 2014 does not apply. Instead, the LCWRA element apples from the outset of the universal credit claim."
The details of the Upper Tribunal case for Citizens Advice are - IN THE UPPER TRIBUNAL Appeal No. UA-2021-001444-ULCW
ADMINISTRATIVE APPEALS CHAMBER (formerly CUC/569/2021)

Let me know how you get on.
David

Hi Blissfulblues

I would not worry. Situations similar to yours have been decided against the DWP in the Upper Tribunal and so create a binding precedent on the DWP.
For instance in the Upper Tribunal case I quoted there is this statement from the DWP-
" 17. Mr Decker, for the Secretary of State, accepts Mr Jolley’s submission that the
Appellant qualified for national insurance (NI) credits by virtue of regulation
8B(2)(a)(iv). This provides that if the only reason a claimant is not entitled to
ESA is because she did not satisfy the contribution conditions, she can
nonetheless receive NI credits equivalent to the lower earnings limit for the
relevant period. Mr Decker accordingly acknowledges that, for the period from
the end of her IR-ESA claim to the start of her universal credit claim, the
Appellant would still have continued to have LCW had she remained entitled to
ESA and satisfied the contribution conditions in section 1(2)(a) of the Welfare
Reform Act 20"

assets.publishing.service.gov.uk/media/6...021_001444_ULCWc.pdf

IN THE UPPER TRIBUNAL Appeal No. UA-2021-001444-ULCW
ADMINISTRATIVE APPEALS CHAMBER (formerly CUC/569/2021)
On appeal from the First-tier Tribunal (Social Entitlement Chamber)
Between:
J.W.
Appellant
- v –
Secretary of State for Work and Pensions
Respondent

Hi Blissfulblues

Unfortunately most communication with the DWP is still done by " snail mail ". I expect the Citizens Advice will have to type out a letter for you to post. Remember you can always take your reply to a Jobcentre and they can send it back through DWP internal mail which is a very safe option. When you are at the Jobcentre ask them to take a photocopy and stamp it as a True Copy as evidence.

David