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Can this work to not trigger an earlier ESA migration
- Leo-1
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11 months 2 weeks ago #285914 by Leo-1
Can this work to not trigger an earlier ESA migration was created by Leo-1
Hello,
I see in a previous post you explained that once a claimant on ESA (support group), moves to a totally different area, this triggers (and brings forward earlier) the requirement to have a new WCA given that ESA is abolished and is a legacy benefit so a reassessed for Universal Credit instead is necessary.
My question is, would I still be subject to an immediate new WCA if as an existing ESA claimant am not moving far from my current address, but instead staying within exactly the same post code, and therefore remaining under the same WCA assessment catchment area where I last had my assessment.
Please can you advise whether such a minor, not major move would still trigger an immediate WCA, as opposed to the current natural migration on to UC?
Thank you.
Leo-1
I see in a previous post you explained that once a claimant on ESA (support group), moves to a totally different area, this triggers (and brings forward earlier) the requirement to have a new WCA given that ESA is abolished and is a legacy benefit so a reassessed for Universal Credit instead is necessary.
My question is, would I still be subject to an immediate new WCA if as an existing ESA claimant am not moving far from my current address, but instead staying within exactly the same post code, and therefore remaining under the same WCA assessment catchment area where I last had my assessment.
Please can you advise whether such a minor, not major move would still trigger an immediate WCA, as opposed to the current natural migration on to UC?
Thank you.
Leo-1
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- Gary
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11 months 1 week ago #285928 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Can this work to not trigger an earlier ESA migration
Hi Leo-1
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.
What you are saying is not totally correct, you need to know what type of ESA you are in receipt of, there are 3 different types.
Being in receipt of ESA and moving to another area does not trigger a move to UC, what does trigger a move to UC is for those claimants who were in receipt of Housing Benefit and need to claim help with their Housing costs when they move, they will not be able to claim housing benefit, they will have to claim a Housing Element via UC, therefore if they were in receipt of IR ESA this would stop.
Providing you apply for UC before your ESA stops then you should be able to get the LCWRA element as you are in the support group, if your ESA stops even for one day, you will have to start at the beginning, (the assessment phase). It has nothing to do with your postcode, moving and any effects it has on your benefits depends on whether or not you change local authority area.
Gary
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.
What you are saying is not totally correct, you need to know what type of ESA you are in receipt of, there are 3 different types.
Being in receipt of ESA and moving to another area does not trigger a move to UC, what does trigger a move to UC is for those claimants who were in receipt of Housing Benefit and need to claim help with their Housing costs when they move, they will not be able to claim housing benefit, they will have to claim a Housing Element via UC, therefore if they were in receipt of IR ESA this would stop.
Providing you apply for UC before your ESA stops then you should be able to get the LCWRA element as you are in the support group, if your ESA stops even for one day, you will have to start at the beginning, (the assessment phase). It has nothing to do with your postcode, moving and any effects it has on your benefits depends on whether or not you change local authority area.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Leo-1
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11 months 1 week ago #286020 by Leo-1
Replied by Leo-1 on topic Can this work to not trigger an earlier ESA migration
Thank you Gary got that,
Yes, my question was indeed based on my needing housing benefit which by moving to a new local authority would triggers my IR ESA to stop, because as you say, when I move to the new LA I must apply for the housing benefit element of UC instead.
So following on from your reply to my original question. I have read in your migration guide that if:
"You are an irESA claimant in receipt of Housing Benefit (HB) and move to a new property within the same local authority area. As this would not lead to a fresh claim for HB, then a UC claim would not be triggered. Please note that a move to a different local authority would trigger a UC claim.
1: So just for my 100% clarity, as yes I am in receipt of IR ESA and HB within my existing local authority. Can you confirm that by my staying within my existing local authority this will not trigger a new requirement for me to instead apply and switch to UC. Can you confirm I've gotten this right?
Thank you.
Leo-1
Yes, my question was indeed based on my needing housing benefit which by moving to a new local authority would triggers my IR ESA to stop, because as you say, when I move to the new LA I must apply for the housing benefit element of UC instead.
So following on from your reply to my original question. I have read in your migration guide that if:
"You are an irESA claimant in receipt of Housing Benefit (HB) and move to a new property within the same local authority area. As this would not lead to a fresh claim for HB, then a UC claim would not be triggered. Please note that a move to a different local authority would trigger a UC claim.
1: So just for my 100% clarity, as yes I am in receipt of IR ESA and HB within my existing local authority. Can you confirm that by my staying within my existing local authority this will not trigger a new requirement for me to instead apply and switch to UC. Can you confirm I've gotten this right?
Thank you.
Leo-1
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- Gary
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11 months 1 week ago #286022 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Can this work to not trigger an earlier ESA migration
Hi Leo-1
At this moment in time, I can confirm that you are correct.
If you ask your question this time next year then you may get a different answer as legacy benefits are being phased out.
Gary
At this moment in time, I can confirm that you are correct.
If you ask your question this time next year then you may get a different answer as legacy benefits are being phased out.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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