DWP migrating ESA claimant ‘credits only’ to UC

We have had a current UC claimant approach us about previously being on income related ESA ‘credits only’ moved to UC.

The man was receiving IRESA -received capital over £16,000 - became a ‘credits only’ claim for a while - recently contacted the DWP about capital falling below £6,000 and requested that ESA be put back into payment.

He was sent an ESA 3which he duly completed - there appeared to be no deprivation issues. Later he was told he could not have ESA put back in payment and would have to claim UC -despite there being a live ESA claim.

Has anyone else had this situation - does legislation mean a move to UC?

DUWC - 30 September 2019 01:44 PM

does legislation mean a move to UC?

Yes it does; JCP don’t always understand that though. I’ve seen people put back onto ESA in these circumstances then glumly had to explain that they really should claim UC instead.

Thanks Dan,

Any idea of the relevant regs ?

A bit more about the case -Just spoke to one of my Colleagues who said that a DWP complaints Manager told him that “current legislation dictates that where a claimant’s income related or contributory award ceases and becomes a ‘credits only’ claim and a repeat claim is made more than 12 weeks after ESA ceased to be paid, the claims do not link. the only option therefore being a UC claim”

We can confirm that no repeat ESA claim was made -only the fact that the claimants capital made it possible for ESA to be put back in payment.

I think the problem is that when the capital exceeded 16K they were no longer entitled so the award came to an end. There is no such thing as a credits only claim - see https://www.rightsnet.org.uk/forums/viewthread/13484/#62945 and https://www.rightsnet.org.uk/forums/viewthread/12714/ - they’re just getting credits

So when the capital drops below 16K a new claim needs to be made - unless there is a SDP in another benefit then the only thing that can be claimed is UC.

Hello

Sorry to hijack this thread a bit. I have a tenant in a similar position who came to us last week however they are actually in receipt of CR-ESA plus LCWRA, but IR-ESA and HB stopped due to savings being over £16k.

Savings have now dropped below £16k so I have asked JCP to reinstate IR-ESA which in this case will involve an SDP too. I’m waiting for JCP to get back to me on it. Just reading this and it’s put a doubt in my mind.

The person was also on the end of some ‘other information’ from local authority sort of pushing them toward UC but I told them to sit tight for a bit and wait for JCP to get back to us as at the moment there is nothing to block her from claiming UC but I don’t think they need to. I want them to get back on the SDP and then we can claim HB.

Am I correct in thinking that this scenario doesn’t require a UC claim because CR-ESA is still in payment and IR-ESA can be put back in place as a ‘top up’?

Thanks

Chris Jones - 01 October 2019 11:25 AM

Hello

Sorry to hijack this thread a bit. I have a tenant in a similar position who came to us last week however they are actually in receipt of CR-ESA plus LCWRA, but IR-ESA and HB stopped due to savings being over £16k.

Savings have now dropped below £16k so I have asked JCP to reinstate IR-ESA which in this case will involve an SDP too. I’m waiting for JCP to get back to me on it. Just reading this and it’s put a doubt in my mind.

The person was also on the end of some ‘other information’ from local authority sort of pushing them toward UC but I told them to sit tight for a bit and wait for JCP to get back to us as at the moment there is nothing to block her from claiming UC but I don’t think they need to. I want them to get back on the SDP and then we can claim HB.

Am I correct in thinking that this scenario doesn’t require a UC claim because CR-ESA is still in payment and IR-ESA can be put back in place as a ‘top up’?

Thanks

Yes - as cbESA is actually in payment (as opposed to ‘credits only’ in OP’s case) then the income related top up can be reinstated. If not done already, I would suggest going ahead and completing an ESA3 form.

Thanks for the reply above. Makes perfect sense, I was getting a little confused about whether IR-ESA was a new claim. Although I’m half expecting the JCP to find a way of pushing it back.

You know benefits advice has gone mad when all a claimant wants is help with rent/housing benefit. They attend the local authority in good faith and get told that doesn’t exist anymore and they need to claim Universal Credit…

Then we swoop in and tell them it’s actually a different element of the same benefit they are already getting that they need to obtain before they go back to the same local authority that had told them (arguably correctly) that the benefit that no longer exists to new claimants, now actually exists, because they are getting a bit extra of the same benefit they were getting before.

:-D