Migration to UC - what happens to my Contributions based ESA?

[TabbyBeast]

Hey!

Received our migration to UC notice and applied within the deadline. First UC payment due on the 18th September.

DH receives some Income Support which I understand will be replaced with UC - Also receives Carers Allowance (cares for me) which ISN'T being replaced with UC. So far so good...

I receive PIP (higher rate for both mobility and care), Child Benefit, Tax Credits, Housing Benefit and Contributions Based ESA (I'm in the support group).

I had an appointment with a work coach who wasn't sure what is happening with Contributions ESA and the support group. So they have decided that I should have weekly work coach appointments over the phone while my commitments have a zero obligation to look for work.

I was under the impression that Contributions ESA wasn't being migrated to UC yet so will be continued to get paid alongside UC. Is that correct?

I haven't had my breakdown of UC award yet and my bank is having system problems with incoming and outgoing payments today, which is the day my contributions ESA is usually paid so no payment can be seen on my statement.

So worried I'm going to have to speak to every man and his dog to try and get this sorted and I just don't have the energy.

If you're in the Support group in ESA then you will automatically be treated as having Limited Capability for Work Related Activity in UC. You should not have any work related activity requirements. A Job Coach has no business not knowing this.

If you're getting CB ESA it works the same as with IS; UC is reduced £/£ for the amount of UC is paid.

You'll might be a bit better off as the addition for LCfWRA in UC is more than that for Support in IR ESA but that will depend on any other add ons such as if you get a Transitional Element.

Thank you so much Bromtotoo thats so helpful. Those few sentences actually told me so much more than the work coach.

Yes, I do get transitional protection so that's a relief.

The work coach didn't even know I received ESA! Said there was nothing showing I currently receive it. She even said UC might need me to undergo another medical assessment even though my C-ESA doesn't have an end date and my higher rate PIP is awarded until the end of 2027.

I have another telephone work appointment on Tuesday so I'll mention it again then or do you think I should write something in my online journal?

Thank you again :)

Are you sure if someone in the support group ESA migrates over to esa they will get LCfWRA won't they need to an assesment for UC.
My friends got her migration letter and is in the esa support group and has been told she will need to send sick notes and complete an assesment to for UC.
It's all so confusing nobody seems to know what they doing.
Her migration letter says she has traditional protection.

@TabbyBeast make sure your DH has said he is a carer for you as Carers Allowance (and ESA (C)) gets deducted from UC. However, he should be getting the Carers Premium which will replace the CA. He should keep claiming CA separately though as he will get better NI contributions.

Your Housing Benefit and Tax Credits will also now be replaced by UC which I presume you are aware of. CA and ESA (C) will continue to be paid separately as will child benefit and PIP.

Although I was told by my job coach I may need another medical assessment she did say I didn't need to supply sick notes. She asked when I last supplied one, I told her 2007 so she said I didn't need to but wait and see what my ESA details show once available to UC. No one seems to know what to do with C- ESA Support Group whenever I've spoken to UC.

Thank you, yes, DH has told UC he's my carer. Didn't know about the carers premium so will make a note to check for that, thanks!

I get UC Eesa PIP ( enhanced for both) my husband works and he gets the carers element for me.
They take my Eesa from LWCA £for£ - it's never really bothered me.
I don't understand why you have to go in every week, you shouldn't have to when you are in the support group ( as am I)
I get left alone by DWP

I'm on ( CB) ESA Support group which I migrated straight into from incapacity benefit
I'm also on enhanced rates of PIP for both components.
It is my understanding that CB will not be migrated over to UC, only income related ESA
In my opinion you should not be seeing a work coach
I would contact DWP for confirmation of your ESA in writing and show the work coach
The lack of communication does not surprise me in the slightest

If you are migrated either naturally (ie becuase of a change of circs) or, as in @TabbyBeast's case, under managed migration then an assessment under ESA should give you the equivalent element in Universal Credit:

https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-to-uc-migration/

Whether you get a Transitional Addition depends on a comparison of what you get on legacy and under UC. If you're worse off under UC then the Transitional Element will top you up to the same as under legacy. Although getting the LCfWRA addition in UC is part of the claculation being entitled to it and eligibility to a TE are two different things.

As above, if you're in any doubt speak to the Help to Claim team.

Yep, CB or NS ESA are not means tested so continue in payment post migration with the amount deducted £/£ from UC.

However the outcome of a Work Capability Assessment or predecessor under CB/NS ESA should come over triggering the linked Element in UC.

I can't believe that work coaches don't know basic stuff like this. Leave a journal message for your case manager explaining that you receive ESA in the support group and asking for work commitments to be turned off.
Contributions based ESA is deducted in full from UC.

Thanks Miley1976 I have just left a journal note for the work coach explaining the above. Hopefully they get their finger out.

Thank you everyone. I can't believe how difficult and stressful they are making this.

I don't understand it either. I suppose I'm lucky they are asking for a weekly telephone appointment with my work coach rather than dragging me in to the inaccessible job centre. But yes, it's clear from the answers here that they should automatically know I'm on CB-ESA and in the support group.

I've had another thought!
Can you take your yearly entitlement letter to your appointment
You should not be going to see a work coach in the support group..

Upload letter I meant sorry!

Not sure how to upload a letter. Will have a poke around, thanks!

VERY RECENTLY retired DWP here with 37 years experience..

Please DO NOT take a work coaches words as gospel. !! There is little to NO training for advisers on contribution based benefits ! It is sadly assumed that claimants have never worked or are long term welfare recipients with no contribution history..

My own DH had a catastrophic accident.. having spent 28 years as a high rate tax payer.. he was told that because I was married to him an had earnings over the cut off that he was entitled to nothing ! (Except PIP after 6 months) ..

WRONG WRONG WRONG .. he was entitled to ESA in his own right based on HIS contributions .. luckily I know this . Eventually he was assessed and has been in receipt of the measly higher rate for 4 years ongoing .. he will never work again.

If you have worked in the past and paid NI please don't trust a work coach who would probably of been recruited in the last 2 years and had their training on benefits hurried.

@nextdoorconundrum That is so worrying and is definitely ringing true. I can believe the prejudice some claimants face.

I'm so sorry you and your DH had to go through that. Although you know the system, it's still stressful going through it and fighting when it's the last thing you feel up to.

I have sent a journal note and if I don't hear back by the time of my telephone appointment with the work coach on Tuesday then I will definitely bring it up. I think they rely on the fact you don't want to come across as confrontational and piss them off however polite you are. They know it's hard to assert yourself when they are supposed to be the experts.

Thank you for taking the time to respond , I really appreciate it.

As long as case manager aware it should be fine. You need to make sure that on your first statement the LCWRA element of £414 is there on your statement. I once had some clients ( a couple ) whose LCWRA element had been missed off their claim for 18 months yet the contributions based ESA was being deducted from their claim leaving them with zero award. we managed to get 18 months worth of LCWRA and carers elements backdated and all the money they should have received backdated had they had the correct elements on their claim. They got over 5k backpay. Some terrible mistakes are made and if people don't know that they are eligible for them they don't realize to challenge when things go wrong.

Yep. Spoke to somebody recently on NS ESA who had sought advice on permitted work. You can earn up to approx £180 as long as you work fewer than 16hours a week. If you earn more than that then no ESA for the week in question.

The answer given was (a) written in mangled English and (b) related the rules applying to work and NS JSA.

@Bromptotoo - Yes, the advisor just talked in circles. Said full training on CB-benefits hasn't been given yet as that part of the migration was so new so every actuality hadn't been encountered for. Was so difficult to get a straight answer.

@Miley1976 - That's really helpful, thank you, I will check that element has been applied correctly when my first statement comes through.

Does anyone know how long you stay on CB-ESA for before moving to IB-ESA? Or is it for as long as you are in the Support Group.

Does anyone know how long you stay on CB-ESA for before moving to IB-ESA? Or is it for as long as you are in the Support Group.

CB ESA, at least in the Support Group, will stay in payment indefinitely unless one has a fresh Work Capability Assessment and is found fit for work.

It can, or could, be topped up by IR ESA subject to the means test but that top up is, for the most part, now delivered through Universal Credit.

@Bromptotoo - Can you please be my personal advisor to navigate all this for me please!! :) Your help, and every posters, has been invaluable, thank you!

UPDATE

Spoke to a different work coach this morning who had read my journal entry before calling me. She confirmed that CB-ESA entitlements will just roll over to UC so I won't have to attend weekly telephone appointments or look for work but because my ESA details haven't been updated with UC yet I will still have to be available for telephone calls with the work coach until they do.

Call lasted less than 2 minutes and she said the next call will be the same, just a quick check in. It's a pain but at least they know what should happen once they get my ESA details.

Thanks again for all your help:)