Contribution ESA/New Style

Thanks David - I shall be more wary of AI in future, but can I draw your attention to the link you provided in another post concerning Regulations 2019. In Statutory instruments, 2019 No 1152 Social Security in the Explanatory note (This is not part of the Regulations) it states “New regulation 46 provides for termination of all awards of any existing benefits where a notified person does not claim universal credit by the deadline day. In the case of an income-based jobseeker’s allowance or income-related employment and support allowance “terminate” means treating the award in the same way as if section 33(1)(a) or (b) (abolition of those benefits) and associated provisions had come into force. This means that any contribution-based or contributory allowance to which a claimant is entitled becomes an award of new style JSA or new style ESA (as defined in regulation 2 of the 2014 Regulations). Where the person claims universal credit by the final deadline (which is the last day of the first assessment period of an award commencing on the deadline day) the award is backdated to the deadline day.”

In light of the above do you still stand by your first reply that if you do not claim UC, you will remain on the old Contribution Based ESA?

Sorry David, I don’t want to cause any upset but my original post was “ If, after receiving a migration letter from ESA to UC, you decide not to apply, will your Contribution ESA still transfer over to New Style or will you remain on the old Contribution ESA?”

David, I thank you for your time on this matter. It does appear there has been some misunderstanding; perhaps you read my original post as receiving CB ESA only, but then a migration letter wouldn’t be sent anyway. I thought my original post was clear, but if it has caused any confusion, I apologise for this. What I have gleaned from these posts and other information is that if you are receiving IR ESA with an underlying entitlement to CB ESA (in otherwords CB ESA with IR ESA top-up) then if, after receiving a migration letter inviting you to claim UC, you decided not to apply then, according to New regulation 46, your CB ESA does, in fact, transfer over to NS ESA.

Thank you for your posts, David, as in a roundabout way, it has helped me answer my own question.