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Confused....Migration to UC
- Shrimp
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4 months 3 weeks ago #292971 by Shrimp
Confused....Migration to UC was created by Shrimp
Hi
I hope I can ask for your advice.
I receive child tax credits, ESA contribution support group and PIP and my partner gets Carers Allowance for me
We received a child tax credit migration letter to universal credit....so started a new claim on line thinking it would ask for a reference number or something from the migration letter, nope, asked all the usual questions and a page asking what work could I do etc etc.....all very confusing as nothing at all mentioned on it about migrating from child tax credit.
We then had to do a face to face interview today and prove ID etc....
I was asked to provide fit/sick note from my GP - I advised that I have not had to get one of these for over 10 years and why did they need this if I was just migrating child tax credits, they just said to update their records and then in few months they would probably stop asking me for one but my payments from PIP/ESA/Carers would stay as they are
Can anyone explain further?.....would this now kick start PIP ESA and Carers being moved over?
Also as I understand PIP and ESA and carers allowance are not means tested, if they do migrate to UC would they then become means tested ??..the mind boggles
Many thanks
I hope I can ask for your advice.
I receive child tax credits, ESA contribution support group and PIP and my partner gets Carers Allowance for me
We received a child tax credit migration letter to universal credit....so started a new claim on line thinking it would ask for a reference number or something from the migration letter, nope, asked all the usual questions and a page asking what work could I do etc etc.....all very confusing as nothing at all mentioned on it about migrating from child tax credit.
We then had to do a face to face interview today and prove ID etc....
I was asked to provide fit/sick note from my GP - I advised that I have not had to get one of these for over 10 years and why did they need this if I was just migrating child tax credits, they just said to update their records and then in few months they would probably stop asking me for one but my payments from PIP/ESA/Carers would stay as they are
Can anyone explain further?.....would this now kick start PIP ESA and Carers being moved over?
Also as I understand PIP and ESA and carers allowance are not means tested, if they do migrate to UC would they then become means tested ??..the mind boggles
Many thanks
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- Gary
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4 months 3 weeks ago #292987 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Confused....Migration to UC
Hi Shrimp
Tax credits are going, claimants are being asked to apply for UC.
You should not be asked to provide a fit note as you are already in receipt of of ESA support, you may want to speak to your workcoach line manager.
1. Regulation 19 of the UC (Transitional Provisions) Regulations 2014 makes it clear that those who move from ESA onto UC (and who have not been found fit for work), are to have: The LCW Element included in their UC assessment from the start of their UC award if they were in receipt of the Work Related Activity Component in their ESA award, or The LCWRA Element included in their UC assessment from the start of their UC award if they were in receipt of the Support Component in their ESA award. This means that the work capability decision MUST be transferred across from an ESA award to a UC one.
2. Regulation 6(2)(r) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (for IR-ESA) and Reg 26 of the Universal Credit, PIP, JSA and ESA (Decisions and Appeals) Regulations 2013 (for UC and New-Style ESA), both say that decisions on the WRAG/Support group for ESA and on the Limited Capability for Work/Work Related Activity in UC cannot be superseded - ie taken away - without evidence from a Healthcare Professional.
Therefore, even where the WCA review date has passed, the DWP cannot refuse to include a LCW /LCWRA Element in the UC assessment until a review WCA has been completed ie evidence from a Healthcare Professional received.
You will have to sign a claimant commitment to complete your UC claim.
PIP, CA and CB/NS ESA as you rightly state are not means tested and will not migrate to UC.
Gary
Tax credits are going, claimants are being asked to apply for UC.
You should not be asked to provide a fit note as you are already in receipt of of ESA support, you may want to speak to your workcoach line manager.
1. Regulation 19 of the UC (Transitional Provisions) Regulations 2014 makes it clear that those who move from ESA onto UC (and who have not been found fit for work), are to have: The LCW Element included in their UC assessment from the start of their UC award if they were in receipt of the Work Related Activity Component in their ESA award, or The LCWRA Element included in their UC assessment from the start of their UC award if they were in receipt of the Support Component in their ESA award. This means that the work capability decision MUST be transferred across from an ESA award to a UC one.
2. Regulation 6(2)(r) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (for IR-ESA) and Reg 26 of the Universal Credit, PIP, JSA and ESA (Decisions and Appeals) Regulations 2013 (for UC and New-Style ESA), both say that decisions on the WRAG/Support group for ESA and on the Limited Capability for Work/Work Related Activity in UC cannot be superseded - ie taken away - without evidence from a Healthcare Professional.
Therefore, even where the WCA review date has passed, the DWP cannot refuse to include a LCW /LCWRA Element in the UC assessment until a review WCA has been completed ie evidence from a Healthcare Professional received.
You will have to sign a claimant commitment to complete your UC claim.
PIP, CA and CB/NS ESA as you rightly state are not means tested and will not migrate to UC.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gaddy
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4 months 3 weeks ago #292990 by Gaddy
Replied by Gaddy on topic Confused....Migration to UC
Hi Gary,
Thank you for quoting these regulations, they will be very useful for many of us when we migrate onto UC. There seems to be a good chance that the staff administering our claims will not have a clue about the protection /financial payments we are entitled to.
Gaddy
.
Thank you for quoting these regulations, they will be very useful for many of us when we migrate onto UC. There seems to be a good chance that the staff administering our claims will not have a clue about the protection /financial payments we are entitled to.
Gaddy
.
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- Shrimp
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4 months 2 weeks ago #293127 by Shrimp
Replied by Shrimp on topic Confused....Migration to UC
thank you, I have got an appt with them next week and supposed to take fit note with me, however having moved here 3 years ago not actually seen GP for my medical conditions so have to see a GP end of July.....I will print your reply and take it with me......much appreciated.
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