PIP AND ESA

[Dawn17]

I'm a full time carer for my dh who has serious mental health issues. He's on standard rate of PIP which will be reassessed next April but has recently had a social care assessment carried out by the local council and it's been decided he needs a care package which we, thankfully, don't have to contribute to. The person at social services said he shouldn't have a problem getting PIP again as he's been deemed as needing care by a social worker from the council and that it should also be on the higher rate. I'm absolutely dreading the review and wondered if this is correct? Also, the social worker was talking about the migration from ESA (he's in the contribution based support group)to just UC/PIP and the scrapping of the LCWRA assessment. I was under the impression this wouldn't be happening for a few years yet? Does anyone know if they are going to start the migration sooner?

The social worker can never categorically say that PIP will be awarded again, but given that your dh's needs are severe enough to need a care package suggests that there is a good chance it will be awarded without problems as clearly he needs support to do most everyday activities ?.
Regarding the switch to UC, then if your dh only gets contributions based ESA, there will be no need to even claim UC as contributions based ESA is seperate to UC. It is only people on income related ESA who need to switch to UC.
I presume that when UC scrap the work capability assessment , there will still be a place for ESA, I can't recall that this has been clarified yet but presumably there will still need to be a contributions based system in place for people like your dh who has clearly worked for many years to qualify for contributions based ESA. With any changes there will be a transitional period and the work capability assessment will only be scrapped for new claimants. Like I said you dh won't be moved to UC if he only claims Contributions based ESA. That's not to say you wouldn't qualify for Uc as a couple, that would depend whether you work, have savings etc. In my experience many social workers tend to know little about benefits, you are best to speak to CAB if you are worried.

Hi @Babyroobs thank you so much for the reply. You have advised me many times previously but I've named changed recently. My dh has psychosis, he's an ex teacher and has worked for many years hence the contribution based ESA. We do already claim UC and I also get Carers allowance. As you say, I realise the person who did the council financial assessment can't say for definite about PIP decisions but it gave me a bit of hope! It shocked me when he said that they are starting to migrate people on ESA to the new UC without the LCWRA part, I believe it's going to be called the "health element". I thought that was going to be years off yet, especially for people who already get it, I thought they were going to make it for new claims only, but apparently they are going to send letters out asking people to "voluntarily migrate"Do you know anything about this? Thanks again

I think the social worker is probably getting confused with people on the old income related ESA system being migrated which has been going on for some years and currently gaining pace. People on contributions based ESA like your dh and also on UC get the ESA paid seperately and then deducted form their UC. They would not need to migrate to UC as they are already on it ?

@Babyroobs thank you. Yes, I was very confused about what he said. I thought, when he said "voluntarily migrate" to the new system, that he meant to this new system they are bringing in that they had the white paper about? The one where they are going to scrap the LCWRA assessment and just go off whether you have been awarded PIP? I had thought that was years off, maybe 2029 for people like my husband? It made me wonder if there had been some changes? As you say, he's already on UC so he can't be "migrated" to that. Apologies, it must be the socal worker who has got mixed up. Panic over!

I think the changes are being implemented from 2025 for the scrapping of the work capability assessment but just for new claimants and then gradually phased out for existing claimants. i wouldn't worry too much, we will hopefully have a new government next year and things could change or be scrapped x

The proposal to abolish the Work Capability Assessment, from which the Support Group/Limited Capability for Work Related Activity categorisation falls is a proposal. If it goes through than, AIUI, PIP will be the gateway to any additional money in UC.

As things stand you say you're already on UC. That will comprise a Standard Allowance, an element for Limited Capability for Work Related Activity and a Carer Element. There may be other stuff if you've got kids, pay rent etc.

CB ESA and your Carers Allowance will come off the £/£ but you'll be better off than under legacy IR ESA as the LCfWRA element is worth more than Support Group + Enhanced Disability in legacy.

Re the pip review - social services reports are excellent evidence for pip. When it comes round to review, make sure you submit copies of all the paperwork regarding the needs assessment. If you don't currently have copies of the paperwork, it would be a good idea to request them now so you have them ready

Thank you everyone for your replies.