UC for housing costs and ESA contributions based

Hi Vangel

To get help with housing costs, you will have to apply for Universal Credit unless you live in exempt accommodation or you are state pension age and not a mixed aged couple, in which case you can apply for Housing Benefit.

If you live in a general needs property then you have to claim UC, you still keep your CB ESA which is paid fortnightly but this is deducted from your UC applicable amount, which is paid monthly.

We would advise you to seek help from your local Welfare Rights Organisation; advicelocal.uk , they will be able to explain the process.

Gary

Hi Vangel

As you are in the support group, when you apply for UC you should go straight onto the LCWRA group without having to undergo a new WCA, however nothing stops DWP from issuing you a review form shortly after going on to UC.

Once a decision has been made that a claimant is in the WRAG or the Support Group, then, even if the recommended review date comes and goes without the claimant being put through another WCA, the DWP cannot take away that status (ie supersede the decision) simply because someone has not yet been re-assessed! 

Regulation 6 (2)(r) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 states that an ESA decision may be superseded if a Healthcare Professional has provided the decision maker with medical evidence. 

In other words, a decision maker cannot remove the WRAG or Support Component unless a further WCA has taken place. 


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.

We are finding that when someone moves from ESA to UC, the UC dept generally refer them for a review of their work capability ie a Work Capability Assessment - this includes those who may only just have had one for their ESA award, and those who may not be due a review for several years.

The UC dept are able to review someone's work capability at any time because the UC Regulations allow the them to refer a claimant for a new Work Capability Assessment.

So there is little that can be done accept go along the DWP's request ie complete a medical questionnaire / attend a medical. 

Gary