ESA CB to ESA IR in full UC area

Sorry if this is a daft question. Client on ESA CB was migrated from incapacity benefit in March 2013 but was not assessed for income related at that time and has had no enhanced disability premiums applied for being in support group. 

Client has just moved to Full UC area. I wrote to the DWP to request ESA reassessed prior to move to Full UC area but DWP are advising they need ESA3 completed.

If client proceeds with assessment for income related ESA with backdate to date of migration in 2013 will this change still trigger Full UC claim? 

There’s no such thing as a daft question, especially in UC-land.

We haven’t got the full service yet, but as far as I can see this isn’t a change of circumstances that should trigger a UC claim as it’s tidying up DWP mistakes on an existing claim.

Any other thoughts from those in full service areas?

No trigger of transfer as not a new claim. This would be a revision of existing ESA award. Only new claims to UC,  ‘legacy’ benefit, contributory ESA or contribution based JSA trigger transfer. Change in circumstances which don’t require a new claim (eg a couple getting WTC have first child and so they get CTC too) don’t trigger transfer. But a change which does require a new claim (eg lone parent getting CTC has new partner move in) triggers UC transfer.

Note - DWP Scotland had said they’d done a scan and picked up all these cases but as we’ve consistently seen they haven’t. Use escalation routes to try and get sorted asap and maybe make a complaint too.

However, and as you may know, a new claim for help with rent in a different authority area would have to be UC, which would then end any ir-ESA.

(just pointing this out, as you are “Tenancy Sustainment”..)

Good point about the HB claim- hopefully its just another ‘jobcentre’ area they’ve moved to and not another LA.

However- if he/ she has moved to a full service LA area (and its a new LA to the client), they won’t be able to claim HB, and will be obliged to claim UC. If that happens, and entitlement to IRESA ends, presumably the ESA owed to the client will be paid up until there is a UC claim? 

Ps- isn’t the fact that the DWP is requesting an ESA3 be completed a good thing? Otherwise, on enquiry, you/ the client will have just been told that there is no entitlement to ESA, and the DWP would have sent you off to claim UC?

Hello all
Thanks for the input.  The housing benefit is another issue. The client came from temp accommodation within same local authority (Musselburgh jobcentre processes the development but it remains in Edinburgh not East Lothian. I have checked with DWP and CEC)  I have been advised when moving from temp need to make new claim for HB as current claim based on shorter form and no CTR in place.  I am hopeful this will just be processed as application for CTR and continuation of HB.

thanks for all the help everyone really useful.

Karen Alice - 24 November 2016 04:36 PM

Hello all
Thanks for the input.  The housing benefit is another issue. The client came from temp accommodation within same local authority (Musselburgh jobcentre processes the development but it remains in Edinburgh not East Lothian. I have checked with DWP and CEC)  I have been advised when moving from temp need to make new claim for HB as current claim based on shorter form and no CTR in place.  I am hopeful this will just be processed as application for CTR and continuation of HB.

thanks for all the help everyone really useful.

Hi all,

I am not an expert in ESA/UC and the HB changes are causing me some confusion…Grateful for any help please as I have come across a couple in Northampton (which as I understand it is not yet a UC full service area…) who are living together as a couple (with his mum).

ESA is in place as a couple claim in his name.  He moved from IB (in youth) to CB ESA and is still in the support group. Both are receiving qualifying disability benefits and having lived as a couple with his mum they are now looking to move address (still living as a couple).

Mum is his Appointee, (partner has a Court of Protection Deputy) and has been told by JCP that they will have to claim as two single people?

Mum is concerned that her sons benefit will reduce if this happens.

Appreciate that a change to a relationship may initiate a suspension and review but is this still appropriate for a change of address?

Thanks for your help

Well they are going to fail the UC gateway as a couple or two singles, so you are looking at a HB claim which they would make as a couple (or strictly speaking one of them would, and the other would be included as the partner).  As for DWP benefits, it sounds as if what they currently have are two single awards of ESA conts based.  Is that correct? If so then living as part of someone else’s household they would not qualify for any ESA(ir) as a couple and DWP are correct on the face of it to say that they remain two individual ESA(c) customers from DWP’s perspective.  But when they move out it is possible that they might qualify for the Severe Disability Premium, which would bring them into line for ESA(ir) as a couple and would also mean they qualify for full HB.  If they don’t get the SDP, their HB will be reduced a bit as 2x single ESA(c) is higher than the applicable amount for a couple on ESA support component.

If they will be entitled to the SDP (both on at least middle rate DLA care, or PIP dl; no-one getting CA for looking after at least one of them) then one of them needs to ask DWP for a superseding decision adding an income-related top-up to his/her ESA award, which will be assessed by reference to their aggregated income and applicable amount.

Surely if in support group, an enhanced disability premium should be payable and therefore ESA(IR) is a possibility?

Thanks both for your time

The mum was quite sure this is a couple claim but I have requested confirmation/ up to date breakdown as I couldn’t see an EHP on (an outdated) benefit statement but wasn’t sure it would apply to a CB claim?

I wasn’t sure if they would get a deduction or have restricted ESA entitlement because of living in someone else’s household and if so they would be better off as a couple living in their own home with SDP and EHP added…