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ESA to UC query
- MattyB
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I am not sure if I should be asking a question related to UC. Apologies if I am not supposed to do so.
MattyB
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- bro58
MattyB wrote: Originally it was stated that only income-related ESA would be transferred to Universal Credit; contribution-based ESA would not come under UC. In his speech on 24 August, however, IDS just referred to ESA being replaced by UC and made no distinction between income-related and contribution-based. I have looked on the Gov.UK website (www.gov.uk/universal-credit/claiming-other-benefits) and it says that UC will replace ESA and it too makes no distinction between income-related and contribution-based. This part of the Government website was last updated on 7 August so it is up to date. Is anyone aware if there has been any definite decision to include all ESA in UC? This would mean that even those of us in the Support group of ESA would be means tested when transferred to UC.
I am not sure if I should be asking a question related to UC. Apologies if I am not supposed to do so. MattyB
Hi MB,
Nope, nothing has changed, only IR ESA will be replaced by UC as covered under UC Reg 33. b) :
"(b) income-related employment and support allowance under Part 1 of the Welfare Reform Act 2007;"
From : Reg 33.
From : Welfare Reform Act 2012.
CB ESA will then be known as "New ESA"
UC is still rolling out at a snails pace, and the "gateway conditions" are basically for single fit claimants, known as "simple claims".
Other claimants such as ESA claimants will be done later on in the process.
By the way, being in The SG is not relevant to your query, as you can be in The SG in receipt of IR ESA only, in receipt of CB ESA only or CB ESA with IR ESA top ups.
bro58
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- MattyB
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Thank you very much for your reply to my query. Much appreciated.
MattyB
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- Spaceman
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- Gordon
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David Jones wrote: So for someone in receipt of both CB and IR ESA, could they chose to forgo the IR portion and just keep the CB ESA or would they be forced onto UC as a result of receiving both?
I wouldn't worry about this at the moment, as already mentioned the implementation is already significantly behind schedule (years).
There is virtually no information in the public domain as to how the DWP will manage the transfer of existing claimants onto UC although it seems likely that it will require additional legislation.
Some claimants will be better of under UC others won't, until the process is started we won't have a full understanding of how individuals will be effected.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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