ESA SG and moving to UC LCWRA

Hi there

I have a tenant who currently has ESA plus SG. He needs to claim help with housing costs so will need to make an application for Universal Credit. He is worried that if he claims he will lose the SG and have to be reassessed.

I think he should be automatically placed into the LCWRA from the start of the claim but I would like to double check this?

Would it be the The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 which covers this, or is this Regulation more to do with transitional protection for managed migrations.

Alternatively, would it be The Universal Credit Regulations 2013, Part 5, Regulation 41(1)(b). As there has been a previous determination and no change of circumstance, there is no need to complete a new assessment?

Have I missed anything important out?

Many thanks

Just to check, does this client get PIP at all and if so, at what rate? If so will they be living alone or with another disabled person who also gets PIP? I’m thinking about the SDP. If they are eligible, they can get the SDP payable on the ESA claim and then potentially claim HB rather than UC. Assuming it’s old-style ESA.

No he doesn’t get PIP.

In that case, yes he should automatically get LCWRA status from the start of the claim. But I wouldn’t be surprised if you (a) have to argue for this rather than it being awarded automatically and (b) find that the DWP trigger a new WCA as part of the UC claim. That’s just from anecdotal experience of how they handle such cases in this area.

I’d suggest looking at s19 of the UC (Transitional Provisions) Regulations 2014 as it contains the relevant provisions:

http://www.legislation.gov.uk/uksi/2014/1230/regulation/19/made

Thank you! This is exactly what I needed 😊

The other scenario where the client could still make a new application for Housing Benefit is if their new home was supported living or certain types of temporary accommodation.

Yes, Reg 19 is the one but you may have to remind UC of it,  as they can cheerily start someone on a new WCA process rather than recognising that the existing WCA is valid for UC too . In the kerfuffle in sorting this out and removing your tenant from a new WCA conveyor belt, it can end up being too late for the LCWRA element to be paid in the first UC payment. One to proactively guide UC eg by an entry in the UC journal?

If it is just Income-related ESA then that will merge into UC. If there is any Contributory ESA - then that will remain - with its Support Component - as other income. C-ESA - whether old or new style -  will of course all be taken away as other income from the UC. But there are still other advantages in continuing with ESA - or indeed starting a new Ns-ESA claim - while on UC.