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Managed migration now?
Client allegedly had letter advising her ESA has stopped and she has to claim UC, which she has. No change of circs. Haven’t seen letter yet so can’t be sure of details but understood managed migration won’t start till July. Local JCP don’t know anything. Anyone shed any light on this (rather worrying) development?
This looks like nothing to do with “managed” migration - as currently proposed it will start with an “invitation” to claim UC and the existing benefit will be stopped when UC starts (or if no UC claim is made) - rather like DLA to PIP conversion process where an “invitation” to claim PIP is sent to DLA claimants being migrated.
It would really helpful to see the letter but it’s perfectly possible that a letter saying ESA has been stopped will mention the possibility of claiming UC as an alternative (it would make a lot of sense for it to do so). There must be a reason for the ESA being stopped and it should be possible to MR/appeal it but if they need money while waiting for MR and the appeal to be filed their only viable option may be to claim UC.
The latest version of the ESA ‘fit for work’ decision letter ESA65 has some quite extensive info on what a claimant can do following the decision including finding work, making a claim for new style JSA or UC. All couched in terms of how wonderful UC is.
It does not give advice about the possibility / merits of not claiming UC while you make an application for MR and then re-instating ESA at the appeal stage.
Out of interest does it say anything about not claiming UC if they have SDP included as a top up to their ESA? Or will these clients get a different style letter? Has anyone seen any? Unless they are in the ESA pilot migration area they should not be migrated yet so they must have had their ESA stopped on a review presumably. We get clients who haven’t had the letter telling them they have been found fit, just the one saying their ESA has stopped!
Out of interest does it say anything about not claiming UC if they have SDP included as a top up to their ESA? Or will these clients get a different style letter? Has anyone seen any? Unless they are in the ESA pilot migration area they should not be migrated yet so they must have had their ESA stopped on a review presumably. We get clients who haven’t had the letter telling them they have been found fit, just the one saying their ESA has stopped!
Of course if they have SDP in ESA they will also have it in HB if they are claiming that so are excluded from claiming UC by virtue of the SDP in HB.