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Joint claim ESA to UC migration now asking for fit note & face to face review
- David
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5 days 21 hours ago #299578 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Joint claim ESA to UC migration now asking for fit note & face to face review
Hi Blissfulblues
If you sent the following message then you need to wait for a reply.
"I was given ESA Support Group status following a WCA in 2019. I was a single claimant then and received National Insurance Credits. Subsequently when I became a partner in a couple ESA claim, I continued to receive National Insurance Credits. As there was no gap in my eligibility to receive National Insurance Credits due to an ESA claim my Support Group status is protected. The relevant legislation is the The Social Security ( Credits ) Regulations and section 21 of the UC ( TP ) Regs."
Let me know how you get on.
David
If you sent the following message then you need to wait for a reply.
"I was given ESA Support Group status following a WCA in 2019. I was a single claimant then and received National Insurance Credits. Subsequently when I became a partner in a couple ESA claim, I continued to receive National Insurance Credits. As there was no gap in my eligibility to receive National Insurance Credits due to an ESA claim my Support Group status is protected. The relevant legislation is the The Social Security ( Credits ) Regulations and section 21 of the UC ( TP ) Regs."
Let me know how you get on.
David
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- Blissfulblues
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5 days 15 hours ago #299609 by Blissfulblues
Replied by Blissfulblues on topic Joint claim ESA to UC migration now asking for fit note & face to face review
Hi David I received a reply on my account
We are aware you are moving across to Universal Credit from Housing Benefit and Income related ESA however no work capability assessment decision is showing for yourself. In order to be referred for a work capability assessment you need to update your claim with fit notes. We are however waiting on the team who deal with updating ESA information onto UC claims actioning your claim.
We are aware you are moving across to Universal Credit from Housing Benefit and Income related ESA however no work capability assessment decision is showing for yourself. In order to be referred for a work capability assessment you need to update your claim with fit notes. We are however waiting on the team who deal with updating ESA information onto UC claims actioning your claim.
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- David
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5 days 14 hours ago #299612 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Joint claim ESA to UC migration now asking for fit note & face to face review
Hi Blissfulblues
Their comment - We are however waiting on the team who deal with updating ESA information onto UC claims actioning your claim - says it all. They haven't received the information they need from ESA and have been giving you false advice.
If they continue in this manner I can find a local DWP manager for a complaint.
David
Their comment - We are however waiting on the team who deal with updating ESA information onto UC claims actioning your claim - says it all. They haven't received the information they need from ESA and have been giving you false advice.
If they continue in this manner I can find a local DWP manager for a complaint.
David
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- Blissfulblues
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5 days 13 hours ago #299616 by Blissfulblues
Replied by Blissfulblues on topic Joint claim ESA to UC migration now asking for fit note & face to face review
I had another message
I have had a look at your claim. You held a LCWRA decision on your previous claim to ESA however the claim was closed in 2019 when you moved in with your partner therefore no work capability assessment decision transfers onto your UC claim. Please note on a joint UC claim only one partner can get paid the LCWRA element.
How can my claim be closed if our claim was joined when I moved in? We had no option but to do a joint claim if we're living together.
I have had a look at your claim. You held a LCWRA decision on your previous claim to ESA however the claim was closed in 2019 when you moved in with your partner therefore no work capability assessment decision transfers onto your UC claim. Please note on a joint UC claim only one partner can get paid the LCWRA element.
How can my claim be closed if our claim was joined when I moved in? We had no option but to do a joint claim if we're living together.
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- David
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5 days 37 minutes ago #299630 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Joint claim ESA to UC migration now asking for fit note & face to face review
Hi Blissfulblues
I expect it is a junior member of staff making a cursory decision and not looking in detail at your claim. If you tell me the County that you live in I can locate the DWP manager for you to email a complaint.
David
I expect it is a junior member of staff making a cursory decision and not looking in detail at your claim. If you tell me the County that you live in I can locate the DWP manager for you to email a complaint.
David
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- Blissfulblues
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4 days 13 hours ago #299657 by Blissfulblues
Replied by Blissfulblues on topic Joint claim ESA to UC migration now asking for fit note & face to face review
Hi David
thought I would update you.
I spoke to citizens advice who spoke to welfare right and they say I need to find out if I've been receiving national insurance contributions. If I have it's easy to challenge what's happening. If I haven't they need to do a mandatory reconsideration which might lead to appeal. They said meanwhile I need to make my work coach aware they're working on my claim and the possible technical error ESA made and to put a pause on my conditionality.
thought I would update you.
I spoke to citizens advice who spoke to welfare right and they say I need to find out if I've been receiving national insurance contributions. If I have it's easy to challenge what's happening. If I haven't they need to do a mandatory reconsideration which might lead to appeal. They said meanwhile I need to make my work coach aware they're working on my claim and the possible technical error ESA made and to put a pause on my conditionality.
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