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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

ESA (CB) and UC/Carer’s Element

VS
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Welfare Team Grwp Cynefin

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I have client who is a member of a couple (no kids) and renting. She became too ill to work and made a successful claim for ESA (CB) and was placed in the Support Group on 29.09.18 (up until 31.03.20)  before UC full service came to our area in December 2018. Her partner’s working income means that they will not be eligible for ESA (IB) once 52 weeks of ESA (CB) has been paid - am I correct in thinking this? - even though DWP are saying ESA (CB) will be paid up until 31.03.20 ?

As she is in receipt of PIP (Enhanced Care and enhanced Mob) and her partner provides daily care amounting to 35 hrs per week I have advised her to claim UC as this will give them some entitlement to Housing Costs due to a Carer’s Premium been applied in my calculation. My client is nervous about this as she believes UC will force her into another WCA assessment.

Can anyone advise whether the ESA (CB) will continue or stop due to income? My understanding is it will and then a UC claim will protect her “Support” element by applying the LCWRA element and Carer’s element so she will be better off. My client is very anxious about making a claim - so just looking for reassurance. Income is £322.74 per week take-home.

Brian JB
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Advisor, Wirral Welfare Rights Unit, Birkenhead

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Her ESA will continue in payment so long as DWP accept that she meets Support Group criteria - the 31/03/2020 date is simply a review date. When claiming UC, her ESA will be taken into account as an income. They should include the LCWRA element without further assessment and her partner can qualify for a carer element if would be entitled to Carers Allowance, but for his earnings, as seems to be the case. If he is working 24+ hours per week she cannot get income related ESA anyway and I assume from his pay that he does work at least 24 hours per week. Otherwise, as you say, his level of earnings may preclude them from income-related ESA, so UC is the option, especially as it will include a rent element

Jon (CHDCA)
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Welfare Benefits, Craven CAB, N Yorks

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Brian JB - 08 August 2019 12:34 PM

the 31/03/2020 date is simply a review date.

.. or benefit uprating date.

Brian JB
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Advisor, Wirral Welfare Rights Unit, Birkenhead

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No, definitely a review date!! That is largely a guide anyway, the review could be any time after that

Dan Manville
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Mental health, Wolverhampton CC Welfare Rights

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31/3/20 is the end of the prognosis period at which point a new WCA should be conducted.

If she’s in the Support Group then the 52 week time limit doesn’t apply and so long as she remains in the SG the 365 day timer isn’t ticking; it’s only time in the WRAG that counts that clock down.

It should be easier; with CESA in payment, for JCP to put the LCWRAE into payment immediately and it should remain as long as the CESA remains with the SC

VS
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Welfare Team Grwp Cynefin

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Hi all - thanks for this.

VS
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Welfare Team Grwp Cynefin

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Total Posts: 16

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My client is remaining very resistant to making this UC claim. My question is if she refuses to make a UC claim will she lose the ESA (payments) due to her partner’s income once the 52 weeks of CB (ESA) are up - or will it continue as she is in the support group (so won’t be means tested). ?

Thanks

Chrissum
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WRAMAS, Bristol City Council

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As Brian JB states, the ESA (CB) continues in payment provided she continues to meet the support group criteria. However, as also indicated above, in order to claim assistance with the rent payments, as there appears to be no HB currently in payment* nor an SDP, a UC claim will have to be made. This potentially brings with it a LCWRA element (for her) and a carers element (for him). Her CB(ESA) will remain in payment and be counted in full as income so perhaps some calculations are in order to see if they will be entitled?
Of course though the SG (LCWRA) status should transfer over, and be paid from the off, there is no guarantee that a new WCA will not be triggered.
* If there is a current HB claim in place than this should just be a change of circs and not trigger the UC requirement.

[ Edited: 21 Aug 2019 at 01:52 pm by Chrissum ]