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ESA TO UC MIGRATION

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2 days 12 hours ago #303017 by soulgal
ESA TO UC MIGRATION was created by soulgal
Hi

I am currently claiming ESA (Income Related)for severe mental health problems and have been for some time, I was previously on Incapacity Benefit. I also receive DLA. I am in the Support Group.

YOUR LIVING EXPENSES £92.05 WEEKLY

EXTRA MONEY BECASUE YOU ARE SEVERELY DISABLED £82.90 WEEKLY

EXTRA MONEY BECAUSE OF THE DISABILITY INCOME GUARANTEE £21.20 WEEKLY

EXTRA MONEY BECAUSE YOU ARE IN THE SUPPORT GROUP £48.50

I DON'T RECEIVE ANY HOUSING BENEFIT OR SMI MORTGAGE PAYMENTS AS I ONLY HAVE A VERY SMALL AMOUNT LEFT ON MY MORTGAGE WHICH ENDS IN AUGUST THIS YEAR.

I receive an Occupational Pension of £375.00 monthly from my previous employment which is deducted from my ESA. This increases slightly twice a year on the 15th April and then again on the 15th May. I used to receive a letter with a form attached in April each year asking me to send information on the increase. The DWP stopped doing this around three years ago so now I write to them each year and enclose a copy of my pension slip to inform them of the increase. This has never triggered a Change of Circumstance.

However, on the 14th April I received a Migration Notice informing me that I would need to move over to Universal Credit by 11th July. This in itself has caused me severe distress as I struggle with doing things online.

My question is this, If I write to the DWP to inform them of my pension increase would this trigger a Change of Circumstance and then I would lose my entitlement to the transition protection from moving from ESA to UC?

I read online that you have 30 days to inform DWP of a COC, is this correct? In which case would I then submit my UC claim and enter the increased amount on the form or do I write to them on 15th May to inform them as I am still claiming ESA?

Sorry for my rambling post, I've not been sleeping, I'm very stressed and it's affecting my concentration.

Any advice would be greatly appreciated.

Thank you for reading.

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1 day 21 hours ago #303037 by David
Replied by David on topic ESA TO UC MIGRATION
Hi soulgal

I understand that most occupational pensions are only being increased by a CPI figure of 1.7% for 2025. You could wait until June and then do your UC application. The pension isn't going to affect your Transitional Protection.
I would advise you to phone the Citizens Advice Help to Claim phone number which is on page 2 of your Managed Migration letter. Here are a couple of recommendations from Forum members--

www.benefitsandwork.co.uk/kunena/10-dla-...aged-migration-to-uc

www.benefitsandwork.co.uk/kunena/10-dla-...51-migration-success

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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1 day 18 hours ago #303050 by soulgal
Replied by soulgal on topic ESA TO UC MIGRATION
Hi David

Thank you for your reply and advice and also for posting these links.

It is encouraging to read that some people have had a positive experience as I have read so many horror stories about people losing a lot of money when making the transition from ESA Support Group to UC.

I have "got into trouble" with the DWP in the past regarding the increase in my occupational pension. Three years ago when they stopped sending out the forms, I completely forgot about it as I wasn't aware that the DWP had stopped sending them. I received a letter and a phone call from Fraud & Error Prevention Service admonishing me for not informing them. I pointed out that in the past they had always sent me a letter/form to fill out and that I kept a copy of everything that I send to them and send it Recorded Delivery. I offered to send them copies of the forms from previous years and asked them how was I supposed to know that they had stopped doing this? This seemed to "let me off the hook" from committing Benefit Fraud but I was told quite aggressively that the onus was on me to inform them of any increase. So in previous years I have sent a letter (Recorded Delivery) on the 15th May (for some reason it increases on 15th April and then again on 15th May until the following April). I never even get an acknowledgement from them they just adjust my benefit accordingly.

You're right, My pension has increased by £5.00 per month this year, so a small increase. It's just sod's law that out of the 12 months of the year the DWP decided to send me a migration letter in April!

You're obviously very knowledgeable about these matters but are you absolutely sure than the increase in my pension won't affect my transitional protection?

When I can concentrate properly I think I will use this site to have a look at the questions on the form before phoning the Help to Claim line, until I found this site I couldn't find any information on the online form that you need to submit without actually starting the process.

I don't think my mental health will make it until June but I am going to try and wait until after the 30th April as I have a hospital appointment and I think they will want me to have some body scans done (I'm in remission from Breast Cancer) and I understand that one of the questions asks about any medical treatment you have recently had or are about to have.

I will keep you informed and thanks again for your reply.

Kind Regards

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1 day 2 hours ago #303069 by David
Replied by David on topic ESA TO UC MIGRATION
Hi soulgal

I don't think being late to inform the DWP of a pension increase is Benefit Fraud. It would be more a DWP Compliance issue. Though you could still get a Civil Penalty of about £50.

David

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