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Forum Home  →  Discussion  →  Universal credit administration  →  Thread

ESA direct transfer to Universal Credit. 

Nan
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Generalist team - Hammersmith & Fulham CAB

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Got a client that has won his ESA appeal on Tuesday after being found fit for work and has been placed into the support group. This client is not in receipt of PIP. This client would now be better off if he were to claim Universal Credit. His appeal states he should not be reassessed for 18 months. Is there anyway to have a smooth transfer from ESA-SG to Universal Credit, without the client having to be reassessed.

Thanks

Nan
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Generalist team - Hammersmith & Fulham CAB

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Additionally. Separate client.

Client found fit for work. Client is now appealing ESA decision. Client is in receipt of PIP and was getting Severe Disability Premium prior to being found fit for work. Client claimed Universal Credit prior to coming to us. If client wins appeal and ESA is award, is there anyway to get SDP for client?

Thanks

HB Anorak
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Both answers assume you are in full service area - I think Hammersmith mostly is now.  I hope I have these right, someone please correct me otherwise.

Claimant 1: will need some event to trigger natural migration.  Are they a tenant claiming HB?  How much?  Could be worth breaking the HB claim and then reclaiming UC.  If they are a social tenant it wouldn’t take too long to recoup the lost HB through the higher LCWRA element, and as an existing ESA claimant they wouldn’t have to sit out any UC waiting days

Claimant 2: as I understand it the ESA appeal will only affect the period down to the commencement of UC.  The DWP then has the power to revise the UC decision in the light of the ESA appeal outcome, but best that can happen is LCWRA UC-style.  There is no way back now.

Nan
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Thank you for your response.
1)Yes he is in reicept of HB and gets £127.68 per week. (Full rent paid).

Have you had any success of this route?

Daphne
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On claimant 2 - at the recent CPAG conference someone had a similar case and because UC had not yet been paid he was able to withdraw the claim, get through the MR period, and then have ESA reinstated. I’m not sure this entirely fits with the legislation but it might be worth a shot particularly if the UC claim hasn’t been processed yet.

But if he’s been paid then definitely no way back sadly.

HB Anorak
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Just thinking about this, he doesn’t need to lose any housing costs at all does he?  If he ends his HB claim today he’ll be paid up to the end of this week and UC can take over seamlessly from Monday.  What’s not to like?

But I have not tried this personally.  The unpredictable factor in this is random DWP incompetence.  On paper it looks like a no-brainer, but are there any real life stories from others about things going wrong?  DWP deciding that you cannot have the LCWRA element if your street begins with the letter L, C, W, R or A - that kind of thing?