Moving on to UC while getting old-style contributory benefit

Claimant receiving old-style c-ESA, support group, with Incap transitional addition. Is about to claim UC for housing costs.

Are we correct that we don’t have to worry about new-style c-ESA or a new WCA, and the existing contributory benefit will continue as is?

(This is for a full service area)

I am not surprised no-one has had a go at this yet ... the transitional provisions are tortuous and not very easy to follow.  I cannot work out whether the continuing ESA award would be technically old or new style or whether it would still include the transitional addition, but I think that is all pretty much academic: whatever it’s called, and however much it is, it will be deducted £1-for-£1 from max UC as income other than earnings.  The only practical effect of having been on ESA immediately before claiming UC as far as I can tell is that LCWRA carries over into UC.  So the claimant should end up with the same amount of cash in total irrespective of which of these three outcomes applies:

- ESA(c) continues at current rate with TA, or
- new-style ESA continues at normal rate with no TA, or
- ESA stops altogether

The wild card is DWP doing something randomly idiotic with UC: as discussed on here a couple of months ago they have been known to say that you cannot have both ESA(c) and an LCWRA addition in your UC because, er, apparently that means you are being paid twice or something.

Thanks. I’ll try to come back with the outcome, if we find out.

I don’t like option 3, in view of possible change of circs down the road.

edit: for what it’s worth, the ADM at M4135 implies that old-style c-ESA converts into new-style c-ESA:

Example 1
Fergal has been entitled to UC since 6.8.14. He is joined on 15.10.14 by his partner Donna, who is entitled to ESA(Cont) and (IR), including the support component. The ESA(IR) part of Donna’s award is terminated on 5.9.14, the day before Fergal and Donna’s award of UC as joint claimants begins. The UC includes the LCWRA element from 6.9.14. Donna remains entitled to new style ESA.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/534756/admm4.pdf

edit again:
I’ve learned that the guidance for non-gateway UC is in M6 not M4, but it’s to the same effect ( “Donna remains entitled to new style ESA” )
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/538383/admm6.pdf