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ESA To UC Migration

  • KeithW
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3 weeks 15 hours ago #304741 by KeithW
Replied by KeithW on topic ESA To UC Migration
Quick update...

I received a message on my journal asking me to confirm the amount of rent my landlord said I was paying, which I did.

Yesterday I also received a letter from the council to explain that as I had now moved over to UC I would get a two week run on of them paying my housing benefit after which UC will pick up the payments.

I will update again as things proceed.

Thanks again for all your help, it is appreciated.

All the best,

Keith

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3 weeks 9 hours ago #304749 by David
Replied by David on topic ESA To UC Migration
Hi KeithW

Thanks for your update.

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • KeithW
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13 hours 14 minutes ago #305873 by KeithW
Replied by KeithW on topic ESA To UC Migration
Well things have gone wrong, my hope that things were going to carry on going OK have been shattered.

They informed me today that all they were going to pay me is £400 a month

They have totally ignored the fact that I should be getting the Limited Capability for Work-Related Activity element.

They have totally ignored the fact that I am entitled to transitional protection.

I have written the following in my journal, apart from this I don't know what else to do?


Hi, the payments you are going to get me are wrong.

I was in the Support Group for ESA, and I should be awarded the Limited Capability for Work-Related Activity element when I moved to UC.

The Limited Capability for Work-Related Activity element should apply as soon as my UC claim starts, and I should not have to wait to receive this element.

I am also entitled to transitional protection so my payments should not be less on UC and should be equal to what I received on ESA.

Please be aware that I am migrating from ESA and that I am therefore not required to provide fit
notes or undergo a WCA. Instead, the law requires that my WCA status for ESA must be
automatically transferred to my UC claim.

For further details, please see Regulation 19 of The Universal Credit (Transitional Provisions)
Regulations 2014; Regulations 39 and 40 of the Universal Credit Regulations 2013; the Advice
Guide for Decision Makers, Chapter M6: Effects of transition to UC.

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10 hours ago #305877 by David
Replied by David on topic ESA To UC Migration
Hi KeithW

As it's a Sunday all you can do is wait. If there is no reply after a few days you can complain to an Area Manager.

David

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