Migration ESA to UC

Hi wimb24

I'm sorry that we haven't responded to your posts. I don't know which paragraph you are talking about, and I have tried to do a search, but nothing has come up. Sorry. Gary isn't here at the moment, and I have no doubt he would find it instantly.

BIS

Thanks BIS

I think what you are looking for is:

Transfer from legacy benefits to UC

If you either are getting employment and support allowance (ESA) and are in the support group or were getting ESA and were in the support group immediately before you claimed UC, the limited capability for work-related activity (LCWRA) element should be included in your UC maximum amount from the start of your UC award, or from the start of the UC assessment period in which your entitlement to the support component began, if that is later. You do not need another work capability assessment to qualify (though the DWP may send you for reassessment). The three-month waiting period for the LCWRA element does not apply in this situation.

If you are getting income-related ESA when you claim UC, this will stop. If you are getting old-style contributory ESA when you claim UC, this will continue as new-style ESA. New-style ESA can be paid at the same time as UC; it is treated as unearned income and is deducted from your UC maximum amount. 

Relevant legislation if you were getting old-style employment and support allowance (ESA)
Reg 19(1), (4)(b) and (5)(b) of the Universal Credit (Transitional Provisions) Regulations 2014, which provides that a UC claimant who was entitled to ESA immediately before claiming UC and who had been, in respect of ESA, determined to have LCWRA or is treated as having LCWRA (ie, had been placed in the ESA support group), must be treated as having LCWRA from the outset of their UC award and the LCWRA element must be included in their UC from the outset.

Relevant legislation if you are getting new-style ESA
Regulation 28(5)(b)(i) Universal Credit Regulations 2013, provides that the normal three-month waiting period for the LCWRA element does not apply if you are entitled to new-style ESA which includes a support component. 

What to do if these rules aren't followed:
If you are in this situation and the LCWRA element has not been included from the correct date, request a mandatory reconsideration (MR) and if this is unsuccessful, appeal. 

Gary